PIL in Delhi HC to stop CM Arvind Kejriwal from issuing directions while in ED's custody

A public interest litigation matter has been filed in the Delhi High Court seeking directions to prevent Chief Minister Arvind Kejriwal, who has been arrested in a money-laundering case linked to the alleged excise policy scam, from issuing orders while in the Enforcement Directorate's (ED) custody. The petitioner, Surjit Singh Yadav, has said in the PIL that the issuance of such orders by Kejriwal in the chief minister's capacity is against the legal framework as well as the principle of fair and proper investigation.

The Aam Aadmi Party (AAP) national convenor, who was arrested on March 21 and subsequently remanded to the ED's custody till March 28 by a Delhi court, faces allegations of direct involvement in a conspiracy related to the formulation of the excise policy, favouring specific individuals.

In the PIL, the petitioner, who claims to be a social worker, has asserted that Kejriwal has "virtually forfeited his office" and being in custody, he has disabled himself from performing the duties and responsibilities of a public servant.


"The respondent no. 4 (Kejriwal), while issuing direction/order while in the custody of the respondent no. 2 (ED), is breaching his oath of secrecy administered to him under the Third Schedule of the Constitution of India as any directions/orders passed by him would have to be scanned thoroughly by the respondent no. 2 as they are in charge of the custody of the respondent no. 4," the PIL says.

"The inaction by the respondent nos 1-3 (Centre, ED and Delhi government) to restrain the respondent no. 4 from issuing direction/order while in the custody and communicating the said order to the respondent no. 5 (Delhi minister Atishi) is a gross example of abuse of power and position, and merits interference by this hon'ble court," it has claimed.

The plea also seeks a direction to the ED not to provide a typist, a computer and a printer to the AAP leader.

Last week, Yadav had filed a separate PIL seeking Kejriwal's removal from the chief minister's post following his arrest.