CM not a ceremonial post, holder must be available 24*7: Delhi HC on Arvind Kejriwal

Chief Minister is not a “ceremonial post” and the incumbent must be ready to present himself at any time to deal with emergencies, the Delhi high court observed on Monday, days after its rebuke that CM Arvind Kejriwal continuing in office despite his arrest, amounts to his Aam Aadmi Party (AAP) “prioritising its political interests over national interests.”

“A Chief Minister’s post in any state, leave alone in a buzzing capital city like Delhi, is not ceremonial, and it is a post where the office holder has to be virtually available 24*7 to deal with any crisis or a natural disaster like flooding, fire, and disease,” a bench of Acting Chief Justice (ACJ) Manmohan and Justice Manmeet Arora said.

The bench added, “National interest and public interest demands that no person who holds this post is incommunicado or absent for a long stretch or an uncertain period of time. To say that no important decision can be taken during a Model Code of Conduct is a misnomer.”

The high court was hearing a public interest litigation (PIL) filed by NGO Social Jurist, highlighting the non-supply of educational material and other statutory benefits to students in schools run by the national capital’s municipal corporation, even after the commencement of the new academic session.

The AAP controls the civic body.

Meanwhile, stating that students in corporation-run schools are entitled to receive free text books, writing material and uniform, in accordance with their constitutional and statutory rights, the bench directed the Municipal Commissioner to incur the expenditure required for fulfilling the obligations forthwith without being constrained by the ₹five crore expenditure limit.

Arvind Kejriwal was arrested on March 21 by the Enforcement Directorate (ED) in the alleged liquor policy scam. The AAP national convenor, who had been declaring in days leading up to his arrest that he would continue as Chief Minister even if he is jailed, is the first sitting CM to be arrested. His party has been holding demonstrations to protest his “illegal” and “vindictive” arrest.

The high court has already dismissed several petitions seeking his dismissal from the CM’s chair.