New Delhi: Last week, after strongly reprimanding jailed Delhi Chief Minister Arvind Kejriwal and his government as well as the AAP-led MCD, the Delhi High Court on Monday said that the Delhi government has come to a standstill after the arrest of the AAP supremo. The comment came when Urban Development Minister Saurabh Bhardwaj said that increasing the financial power of the MCD Commissioner would require the approval of Chief Minister Kejriwal.

The court further said that in a busy capital like Delhi, the post of Chief Minister is not a formal one and it is a post where the post holder has to be available 24/7 i.e. 24 hours a day.

This comment is being seen as another big shock for you. AAP has said that CM Kejriwal will maintain his role in government matters during his stay in jail. The bench said, "National interest and public interest demand that no person holding this post should remain absent for a long or indefinite period."

The court was hearing a PIL alleging the dire condition of education in MCD-run schools. The court had earlier said that due to administrative hurdles, about two lakh students lack basic facilities.

On Monday, the bench ordered the MCD commissioner to bear the expenses of providing textbooks and other materials to students without being bound by the expenditure limit of Rs 5 crore. It said, “Consequently, this court is of the view that in the absence of the Chief Minister or the non-constitution of the Standing Committee or the dispute relating to the appointment of the Alderman by the Honorable LG or non-decision by the Alderman, the competent court or certain provisions of the Delhi Municipal Corporation Act "Non-compliance may come in the way of school going children receiving their free textbooks, stationery, and uniforms promptly."

During the proceedings, the court said that CM Kejriwal's decision to continue as CM despite his arrest is his personal decision, but it does not mean that because the CM is not available, "the fundamental rights of small children will be crushed and How will they proceed without textbooks, stationery, and uniforms?

The court said that receipt of free textbooks, stationery, and uniforms by school children is not only a legal right under the Right to Education Act and its rules, but is also a part of the fundamental rights under Article 21A of the Constitution. It said the real issue in the case is one of "power", "control", "territorial dominance" and "who takes the credit".

Last time, the court had taken note of CM Kejriwal not resigning despite facing arrest on alleged money laundering charges and accused him of putting personal interests above national interests. The court had also last week criticized the AAP government's failure to provide textbooks to over 2 lakh students studying in MCD schools in the national capital.

A division bench of Acting Chief Justice Manmohan Singh and Justice Manmeet Pritam Singh Arora criticized the Delhi government for prioritizing "power over public welfare". Later, the Lieutenant Governor's office had also accused the Delhi government and Minister Bhardwaj of delaying the approval of the proposal to temporarily increase the financial powers of the MCD Commissioner from Rs 5 crore to Rs 50 crore.

CM Kejriwal was arrested by the Enforcement Directorate on March 21 in a money laundering case related to the alleged excise policy scam. He is currently in judicial custody. The bench had said that children are not commodities for trade as it criticized the government for its failure in several aspects under the jurisdiction of the MCD.