Can't direct removal of Satyender Jain from cabinet but hope CM Kejriwal will uphold trust reposed by people: Delhi High Court

The Delhi High Court on Wednesday said that while it cannot direct Delhi Chief Minister (CM) Arvind Kejriwal to remove minister Satyender Jain from his cabinet, it hopes that the CM while appointing ministers, will uphold the trust reposed in him by the electorate..A Division Bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad held thus while dismissing a public interest litigation (PIL) petition seeking Jain's removal from the cabinet because of his arrest by the Enforcement Directorate for alleged money laundering.The bench said that it is for the CM to consider whether persons of criminal background should be allowed to continue as minister or not..The judges observed that good governance is only in the hands of good people and though they cannot sit in judgement of what is good or bad, it can certainly remind constitutional functionaries to preserve, protect and promote the ethos of the Constitution. There is a presumption that the CM would be well advised and guided by such constitutional principles, the Court said. “The Chief Minister exercises his/her discretion in choosing the Members of Cabinet and to formulate a policy pertaining to appointment of Council of Ministers. The Council of Ministers has a collective responsibility to sustain and uphold integrity of the Constitution of India, and it is for the Chief Minister to act in the best interest of the State and consider as to whether a person who has criminal background and/or has been charged with offences involving moral turpitude should be appointed and should be allowed to continue as a Minister or not,” read the court’s order..The Court was dealing with a petition filed by one Nand Kishore Garg through advocate Shashank Deo Sudhi.The plea argued that Jain is a public servant with a duty to uphold the constitutional oath and rule of law but he continues to enjoy the perks and privileges of a cabinet minister despite being indicted under serious charges.Apart from seeking removal of Jain from the cabinet, the PIL also asked the court to issue broader guidelines for resignation/suspension of the ministers if he/she is arrested..The Court held that it cannot frame wider guidelines on the issue or pass any direction on who should be appointed as a legislator or is entitled to become a minister either at the central or state level.The judges further said that it is not for them to direct the Governor or Chief Minister to remove a person who has committed breach of their oaths and a High Court under Article 226 is not competent to issue direction terminating appointment of a minister of the State..However, the judges said that it is the court’s duty to remind key persons about their role with regard to upholding the tenets of the Constitution.Quoting Dr BR Ambedkar, the bench said that it wholeheartedly agrees with the observation of the founding father and hopes that CM will uphold the trust reposed in him that forms the foundation of a representative democracy while appointing persons to lead the people..Advocate Shashank Deo Sudhi appeared for the petitioner.Respondents were represented through Senior Advocates Sandeep Sethi and Rahul Mehra along with Additional Standing Counsel (ASC) Satyakam, and advocate Krishnashree Devee..[Read Order].Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.