Advertisement
A bench of Chief Justice Rajendra Menon and Justice V K Rao said prosecution was still pending in the case and elected authorities cannot be removed like this.
“Prosecution is still going on. He may get acquitted. What will you do then? Come after he is convicted,” the bench said.
“Nothing doing, dismissed,” it said.
Related Articles
Advertisement
The petition, filed through advocates Shashak Deo Sudhi, Bijender P Kumar and Shashi Bhushan, alleged that Kejriwal committed breach of oath under the Constitution as he was allegedly involved in acts of violence in conspiracy with other elected members.
It is an unimaginable constitutional crisis that the same prosecuting machinery is taking care of the criminal proceedings of the chief minister which is legally under the department of home of government of NCT of Delhi, it alleged.
The petition said people of the state have a right to be governed under the law by a truthful citizen and those who indulge in criminal acts have no legal or constitutional right to continue as the chief minister.