Delhi High Court Ruling on Education Crisis: Kejriwal's Arrest and Political Fallout

 

During a hearing on a lawsuit regarding the quality of education in municipal corporation-run schools, the High Court said today that the Delhi government has "come to a standstill" following Chief Minister Arvind Kejriwal's arrest. In a busy metropolis like Delhi, the Chief Minister's role is not only ceremonial; the occupant of the office must be accessible around-the-clock. The court ruled that pupils should not be denied free textbooks, writing supplies, and clothes because of their absence.

Judge Manmeet Preetam Singh Arora and Acting Chief Justice Manmohan declared, "It is a demand of national interest and public interest that anyone holding this position should not remain inaccessible or absent for long periods or uncertain periods."

The court recognized that about two lakh students did not have access to basic facilities at the beginning of the academic year because of administrative bottlenecks. The High Court chastised Mr. Kejriwal, the Delhi government, and the municipal corporation for their failure to supply textbooks during the hearing on April 26. The justices declared that Mr. Kejriwal's continuing holding of the office of Chief Minister puts political interests ahead of those of the country, even after his incarceration in the liquor policy case.

After the criticism, the Delhi government and Saurabh Bhardwaj were accused by the Lieutenant Governor's office of holding up clearance to raise the MCD Commissioner's financial authority from a temporary rise of ₹5 crore to ₹50 crore. In response to the postponement, representatives stated that important initiatives pertaining to health, sanitation, and education have been impacted because the corporation's permanent committee hasn't been established in more than a year.

The Chief Minister of Delhi's legal representative told the Supreme Court today that Arvind Kejriwal's arrest was unlawful. Mr. Kejriwal was taken into custody from his house without being questioned or having his statement recorded in accordance with anti-money laundering legislation. His name was not included in the 10 documents until December 2023, which comprised CBI charge sheets and an ED complaint. "The power to arrest is not equivalent to the need to arrest," said senior advocate Abhishek Manu Singhvi. The scope of section 45 PMLA is limited to bringing the offense to light, not only raising suspicions."

Mr. Kejriwal has filed an appeal for interim relief and challenged his arrest in the supreme court, claiming that both his arrest and the imprisonment that followed were illegal. at response to queries from Justices Sanjiv Khanna and Deepankar Datta over his failure to request bail at the lower court, Mr. Singhvi said that he sought redress from the Supreme Court due to its "broad jurisdiction."

On March 21, Mr. Kejriwal was arrested by the Enforcement Directorate after he rejected the security measures ordered by the Delhi High Court. The Chief Minister is detained at Tihar Jail right now. Mr. Kejriwal contended that his arrest could not have been justified by the court's denial of security.

"My coming home for arrest does not warrant the denial of my interim bail," the attorney declared. It took 1.5 years for the arrest to take place. I was taken into custody at my house. There, they failed to document a statement under section 50."

Mr. Kejriwal said in his affidavit that his arrest was politically motivated and that its goal was to unjustly favor the ruling party in the current general elections. He maintained that the central government's abuse of investigative institutions to target political rivals is exemplified by this particular case.

The Enforcement Directorate contended that Mr. Kejriwal's "entirely non-cooperative conduct" warranted his arrest. According to the document, Mr. Kejriwal continued to avoid questioning in front of the investigating officer during his taping, even after receiving nine summonses.