Delhi High Court
Surjit Singh Yadav vs Union Of India And Ors on 28 March, 2024
Author: Manmeet Pritam Singh Arora
Bench: Manmeet Pritam Singh Arora
$~65
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 4578/2024
SURJIT SINGH YADAV ..... Petitioner
Through: Mr. Shashi Ranjan Kumar Singh,
Advocate
versus
UNION OF INDIA AND ORS ..... Respondents
Through: Mr. Chetan Sharma, ASG with Mr.
Apoorv Kurup, CGSC, Mr. Akhil
Hasija, Mr. Amit Gupta, Mr. Vinay
Yadav, Mr. Vikramaditya Singh and
Ms. Gauri Goburdhan, Advocates for
R-1/UOI
Mr. Santosh Tripathi, Standing
Counsel with Mr. Sadan Farast, ASC
for R-2
Mr. P. Dosi, Advocate for
Department
Mr. Rahul Mehra, Sr. Advocate with
Mr. Karan Sharma, Mr. Tushar Sannu
and Mr. Chaitanya Gosain, Advocates
for R-4
% Date of Decision: 28th March, 2024
CORAM:
HON'BLE THE ACTING CHIEF JUSTICE
HON'BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
JUDGMENT
MANMOHAN, ACJ : (ORAL)
CM APPL. 18779/2024 (for exemption)
Allowed, subject to all just exceptions.
Accordingly, the present application stands disposed of.
W.P.(C) 4578/2024
1. Present public interest petition has been filed seeking Writ in the
nature of Quo Warranto calling upon the Respondent Nos. 1 to 3 to justify
under what authority Respondent No. 4 is continuing to hold the post of
Chief Minister of Government of NCT of Delhi and to further remove
Respondent No. 4 from the post of Chief Minister of the Government of
NCT of Delhi.
2. Learned counsel for the Petitioner states that the continuance of
Respondent No. 4 as the Chief Minister of Government of NCT of Delhi
after his arrest by the Enforcement Directorate in the money laundering case
relating to the alleged liquor policy scam has degraded the credibility and
image of Government of NCT of Delhi in the eyes of general public. He
states that the continuance of Respondent No. 4 as Chief Minister has lead to
breakdown of Constitutional machinery in the State.
3. He contends that with the Chief Minister in custody, the State
Government cannot function. In support of his contention, he relies upon
Rule 585 of the Delhi Prison Rules, 2018, which reads as under:-
"Every prisoner shall be allowed reasonable facilities for seeking or
communicating with, his family members, relatives, friends and legal
advisers for the preparation of an appeal or for procuring bail or for
arranging the management of his property and family affairs
He shall be allowed to have interviews with his family members, relatives,
friends and legal advisers twice in a week. A prisoner may be allowed to
work any number of letters at his cost, however government will provide
four post cards in a month, if he so desires ."
4. Having heard the counsel for the Petitioner and having perused the
paper-book, this Court is of the view that there is no scope for judicial
interference in the present matter. This Court in writ jurisdiction cannot
remove or dismiss Respondent No. 4 from the post of Chief Minister of the
Government of NCT of Delhi or declare breakdown of constitutional
machinery in the State. It is for the other organs of the State to examine the
said aspect in accordance with law. This Court clarifies that it has not
commented upon the merits of the allegations.
5. With the aforesaid observations, the present writ petition is dismissed.
ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J
MARCH 28, 2024/rhc
