NEW DELHI: The Supreme Court on Monday said it could be a question of propriety but there was no legal right to demand removal of AAP leader Arvind Kejriwal as Chief Minister of Delhi after his arrest in the liquor policy scam case.
The top court declined to entertain a plea questioning continuance of AAP convenor Kejriwal as Chief Minister.
"What is the legal right? Let the Delhi LG take action if he wants to, propriety...yes....we are not inclined," a bench of Justices Sanjiv Khanna and Dipankar Datta said.
The court also noted Kant Bhati, who filed the instant plea, was not the one who filed the plea before the Delhi High Court.
The High Court had on April 10 dismissed a PIL by Sandeep Kumar with Rs 50,000 cost, saying the plea has been filed for publicity.
The petitioner had claimed Kejriwal incurred incapacity to carry out his Constitutional obligations and functions as Chief Minister for being in judicial custody, under Articles 239AA (4), 167(b) and (c) of the Constitution, so he could no longer continue on to the post.
The Delhi High Court had on March 28 dismissed a similar plea filed by Surjit Singh Yadav for removal of Kejriwal as CM. It had on April 4 declined to consider another such plea by Vishnu Gupta.
On May 10, the Supreme Court on Friday granted interim bail to Delhi Chief Minister Kejriwal, arrested by the ED on March 21 in the liquor policy scam case, for campaign till June 1.
