K V SEETHARAMAIAH
It is knock out blow for Delhi Chief Minister Arvind Kejriwal who is in incarceration in connection with the Liquorgate scam. The court has categorically stated that this is the case between Kejriwal and the Enforcement Directorate (ED), and not between the centre and Kejriwal. All his loud thinking and his confidence that his arrest by ED is illegal has been demolished by the Delhi High Court. The court says that ED is in possession of enough material. As such, the court has considered that the arrest is not illegal. Kejriwal has questioned the timing of arrest. It has been viewed by the Court that timing of arrest is not sustainable. Arrest cannot be made at the time of accused’s choice. No one intoxicated with power commits irregularities and takes a look at the timing before committing financial irregularities. Had Kejriwal ever taken a look at the ‘auspicious’ time to commit financial irregularities? The court has rightly maintained that petition by Kejriwal was not for bail but it was a challenge against his arrest by ED. The court viewed that doubting the approver is tantamount to doubting the judge. The court looks at the cases from every angle including the verification of veracity of truth by the approver. It has been made clear by the court that the statements of approver cannot be questioned. The court has allowed liberty to the Chief Minister to cross examine the witnesses. It has found evidence to show that Kejriwal conspired with others. The court has asserted that Kejriwal involved in generating proceeds of crime. The Chief Minister does not enjoy special legal privileges. The court has held that Kejriwal actively involved in taking kickbacks as AAP convenor. His involvement in personal capacity is also established. Political dynamics do not impact court. It is the principles of law that matter in courts. There is and cannot be a separate law for common man and the Chief Minister. The court has found that the arrest by ED is not in contravention of the law. The court has made it amply clear that remand cannot be termed illegal. Kejriwal courted trouble by skipping the summonses after summonses. Any problem not faced now leads to deferment of the problem. When the problem is small, it can be easily solved. As the time passes, the problems may become more and more complicated. In the case of Kejriwal, what has happened has remained on record. He must face the music. At least now, he must step down as Chief Minister making alternative arrangements by installing any other leader of his choice like it has happened in many such cases in the past. In response to PIL, the Court has made it clear that it is not its responsibility to remove the Chief Minister. The court has left the field open to the political system to take such action as may be necessary to retain or remove a Chief Minister. In a situation of this kind, the Centre must impose President’s rule if Kejriwal does not resign. Choice should be given for the AAP to select any other leader from the party to head the Delhi government before contemplating President’s rule. There cannot be dearth of leaders in AAP from among the 62 MLAs of its own in the Delhi Assembly.
