The Delhi High Court on Wednesday dismissed the petition seeking a direction to the Lieutenant Governor for Delhi Minister Satyendar Jain’s suspension, saying it cannot direct Delhi Chief Minister Arvind Kejriwal to remove Minister from his Cabinet and it hopes that the Chief Minister while appointing Ministers, will uphold the trust reposed in him by the electorates.
“It is for the chief minister to act in the best interest of the state and consider whether a person who has a criminal background or has been charged with offences involving moral turpitude should be allowed to continue as a minister or not,” a division bench comprising Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad said in its 16 pages order while dismissing the petition.The petition was filed by former BJP MLA Nand Kishore Garg .
“While it is not for the Court to issue directions to the Chief Minister, it is the duty of the Court to remind these key duty holders about their role with regard to uphold the tenets of our Constitution. 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,” the order said.
“Good governance is only in the hands of good people. Even though the Court cannot sit in judgement of what is good or bad, it certainly can remind constitutional functionaries to preserve, protect and promote the ethos of our Constitution.
There is a presumption that the Chief Minister would be well advised and guided by such constitutional principles,” it read.
“The Court believes that the Chief Minister upholds the trust reposed in him that forms the foundation of a representative democracy while appointing persons to lead the people,” the order further stated.
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.
The petition 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.