New Delhi:

The Delhi High Court on Monday said a petition seeking the removal of Chief Minister Arvind Kejriwal was filed for “publicity” and the petitioner should bear “heavy costs”.

Justice Subramium Prasad made the observations while transferring a petition filed by former AAP MLA Sandeep Kumar to the bench of Acting Chief Justice Manmohan, which had earlier heard a similar petition.

“This is just for publicity,” Justice Prasad said.

“As similar matters have been listed and dealt with by the Acting Chief Justice, please submit this petition to the bench headed by the Acting Chief Justice,” he said.

“I will pay a heavy price,” Justice Prasad said after forwarding the petition. Kumar said in the petition that Kejriwal was arrested by the Enforcement Directorate (ED) in connection with a money laundering case related to Delhi’s excise tax policy. The leader is “incompetent” to discharge the constitutional functions of chief minister.

The petition said the AAP leader’s “absence” complicates the constitutional machinery and he can never serve as chief minister from jail as mandated by the constitution.

“Article 239AA(4) of the Constitution provides that the Council of Ministers headed by the Chief Minister shall assist and advise the Lieutenant Governor in the exercise of its functions on matters which the Legislative Assembly has the power to enact by law.

“The provision of assistance and advice to the Lieutenant Governor is virtually impossible if the Chief Minister is not a free person who can provide assistance and advice under the Constitution,” the petition states.

“A bond order is issued against respondent No. 1, the current Chief Minister of Delhi, Arvind Kejriwal, asking him to show with what powers, qualifications and title he holds the office of Chief Minister of Delhi.” The petition prays: “Article 239AA of the Constitution provides that after investigation, Oust him from the post of Chief Minister of Delhi, with or without retrospective effect. “

The case will now be heard on April 10.

Mr. Kejriwal was arrested by the ED on March 21 and is currently in judicial custody till April 15. He is currently lodged in Tihar jail.

The high court had earlier dismissed two public interest litigations (PILs) seeking the removal of Kejriwal as chief minister.

On April 4, a bench of Acting Chief Justice Manmohan and Justice Manmeet PS Arora refused to entertain a PIL on the issue, saying it was Mr Kejriwal’s personal choice to continue as Chief Minister.

Earlier, the bench had dismissed a similar PIL, holding that the petitioner had failed to prove any legal impediment barring the arrested chief minister from holding public office. It noted that there was no scope for the judiciary to interfere in the matter and that the issue should be investigated by other organs of the state.

(This story has not been edited by NDTV staff and is auto-generated from a syndicated feed.)