New Delhi, India

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The Delhi High Court on Monday (Apr 29) observed that the fundamental rights of school-going children must not be hampered due to Arvind Kejriwal's "personal" decision to continue as the Delhi chief minister after his arrest. 

Last week, the high court had rebuked Kejriwal, stating that he has put 'personal interest' above everything and his government is only focused on 'holding on to power'. 

Delhi HC had scolded the Aam Aadmi Party (AAP)-led Delhi government and Municipal Corporation of Delhi (MCD) for failing to provide textbooks to over 200,000 students in public schools. 

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On Monday, the high court said that Kejriwal being in jail doesn't mean that students will sit through their first term without free textbooks, writing material and uniforms in MCD schools. 

Also read: India's education ministry tells NCERT to review textbooks every year 

A bench of Acting Chief Justice (ACJ) Manmohan and Justice Manmeet Arora said that a chief minister's post in any state, let alone in a buzzing capital city like Delhi, is not ceremonial, and it is a post where the office holder has to be virtually available 24x7 to deal with any crisis or a natural disaster like flooding, fire, and disease. 

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They said, "National interest and public interest demands that no person who holds this post is incommunicado or absent for a long stretch of time or for an uncertain period of time. To say that no important decision can be taken during a model code of conduct is a misnomer." 

The high court was dealing with a PIL highlighting the non-supply of educational material and other statutory benefits to students in MCD schools. 

Also read: Deve Gowda's grandson Prajwal Revanna sex scandal: Details of alleged sexual abuse revealed 

Arvind Kejriwal's arrest 

Kejriwal was arrested on March 21 by the Enforcement Directorate (ED) in a case pertaining to alleged corruption and money laundering in formulating and executing the Delhi government's excise policy. 

The Delhi government had implemented the policy on November 17, 2021. But it was scrapped at the end of September 2022. Corruption allegations have been levelled against the party, which AAP denies. 

Watch: Delhi Police registers case over Amit Shah's doctored video on reservation 

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AAP reacts to HC remarks

Reacting to the high court's remarks, the Aam Aadmi Party (AAP) said in a press conference that Kejriwal will remain the chief minister. 

AAP Rajya Sabha MP Sanjay Singh said that the decision that Kejriwal should continue to be the chief minister even after being jailed was that of the people of Delhi. 

"Kejriwal was the chief minister, is the chief minister and will continue to be the chief minister of Delhi," he said, further adding that the work of the people of Delhi won't be affected. 

(With inputs from agencies)