New Delhi, March 26 A Public Interest Litigation (PIL) has been filed in the Delhi High Court seeking directions to the Centre, the Enforcement Directorate (ED) and the Delhi Chief Secretary to restrain Chief Minister Arvind Kejriwal from issuing official orders while in ED custody.
The petitioner, Surjit Singh Yadav, a resident of Delhi and self-proclaimed farmer and social worker, has also sought direction to the ED not to provide a typist, computer, and printer, among other things, to Kejriwal while he is in its custody.
Yadav, in his PIL, also sought direction to the Centre and the ED to register a complaint, investigate how the directions/order issued by him while in custody reached Delhi Minister Atishi, and prosecute him.
He alleged that Kejriwal, who was arrested on May 21 and sent to ED custody till March 28, is issuing directions/orders in the capacity of Delhi Chief Minister, and this is against the legal framework.
Amid the ongoing controversy surrounding Kejriwal’s first order issued from ED custody on March 24, another directive was issued by him to the Health Department on the smooth functioning of the AAP's flagship Mohalla Clinics. The directive was conveyed, through a memorandum, to Delhi Minister, Saurabh Bharadwaj, who oversees the health portfolio.
Yadav also said that there is a likelihood that the direction issued by Kejriwal may influence the fair and proper investigation by the ED.
In another PIL, Yadav has sought Kejriwal’s removal from office, contending that Kejriwal's arrest by the ED in the case renders him unfit to hold a public office. Yadav has argued that a CM embroiled in a financial scandal should not be allowed to continue in office, asserting that Kejriwal's incarceration not only obstructs the due process of law but also undermines the constitutional machinery of the state.
Citing Articles 163 and 164 of the Constitution, the petitioner claimed that Kejriwal's current status as an inmate incapacitates him from fulfilling the duties and responsibilities of his position as CM.
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