The Delhi High Court on Monday noted that the absence of a chief minister for a long time is against national interest and the arrest of Arvind Kejriwal cannot come in the way of school children receiving their free textbooks and uniforms, reported Bar and Bench.
A division bench comprising Acting Chief Justice Manmohan and Justice Manmeet PS Arora was hearing a public interest litigation filed by the non-governmental organisation Social Jurist.
The organisation said in its petition that students enrolled in schools run by the Municipal Corporation of Delhi had not received textbooks, writing materials and uniforms, according to Live Law.
At the hearing on Friday, the Delhi government’s counsel Shadan Farasat had told the court that the standing committee of the municipal corporation can make decisions regarding its finances. However, the constitution of the standing committee is under dispute pending before the Supreme Court.
The government said that the delegation of financial powers to the commissioner of the municipal corporation would require the approval of the chief minister, who is currently in Tihar jail in connection with the Delhi liquor policy case.
The bench on Monday said that the admission indicated the Delhi government is at a “standstill” due to Kejriwal’s absence.
“A chief minister’s post in any state, leave alone a buzzing capital city like Delhi is not a ceremonial post,” said the bench. “It is a post where the office holder has to be virtually available 24x7 to deal with any crisis or natural disaster like flooding, fire, disease etc. National interest and public interest demand that no person who holds this post is incommunicado or absent for a long stretch of time or for an uncertain period of time.”
The court said that children receiving free textbooks writing material and uniforms by school is not only guaranteed under the Right to Education Act but is also a fundamental right under Article 21A of the Constitution.
It is Kejriwal’s personal decision to continue holding the post of chief minister despite his arrest, the court said. “However, it does not mean that if the chief minister is not available, the fundamental rights of young children would be trampled upon,” the bench said.
The court then ordered the commissioner of the Municipal Corporation of Delhi to incur the expenses required to purchase the textbooks and other materials.
Responding to the court’s observations, the Aam Aadmi Party said that Kejriwal will continue to be the chief minister of Delhi and that he was a victim of a political conspiracy, reported The Hindu.
On Friday, the High Court had remarked that Kejriwal was prioritising personal gain over national interest by continuing in the post despite being jailed.
Limited-time offer: Big stories, small price. Keep independent media alive. Become a Scroll member today!
Our journalism is for everyone. But you can get special privileges by buying an annual Scroll Membership. Sign up today!