Delhi govt won’t run from jail, says LG; AAP opposes CM's resignation

Saxena, speaking at a conclave organised by Times Now, was asked about Kejriwal continuing to run the government from prison.

Lieutenant governor VK Saxena on Wednesday said that the Delhi government will not run from jail, a remark that gains significance in light of chief minister Arvind Kejriwal’s arrest, and subsequent announcements by the Aam Aadmi Party (AAP) that if incarcerated, Kejriwal will run the government from prison.

HT reached out to the lieutenant governor’s office, but officials there did not elaborate on Saxena’s remark. (PTI)

The AAP hit back, citing the Representation of the People Act, 1951 and the Government of National Capital Territory of Delhi Act, 1991 to insist that Kejriwal did not lawfully need to resign as chief minister.

Kejriwal, the AAP national convener, was arrested by the Enforcement Directorate (ED) on March 21 in connection with alleged irregularities in the Delhi excise policy 2021-22, and was subsequently remanded to the federal agency’s custody. Kejriwal on Wednesday failed to get instant relief from the Delhi high court, with the bench posting his petition challenging the arrest for a hearing on April 3, emphasising the need for a response from ED to address the legal and validity issues raised in the pela.

Separately on Wednesday, Saxena, who was speaking at a conclave organised by Times Now, was asked about Kejriwal continuing to run the government from prison. In response, he said, “I can assure the people of Delhi that the government will not run from jail.”

HT reached out to the LG’s office, but officials there did not elaborate on Saxena’s remark.

Responding to Saxena’s comment, the AAP accused the BJP of conspiring to undermine the elected government in Delhi.

“The Representation of the People Act clearly states… a person convicted for an offence and sentenced to two years or above shall be disqualified (from holding public office)… This does not apply to a person who is only accused and has not been adjudged as guilty by a court of law. And the GNCTD Act is also very clear that one cannot continue serving as the chief minister if they have lost the majority in the House. In this case, none of these conditions are met, so under what conditions will President rule be imposed?” AAP leader and Delhi minister Atishi said.

“It is a very simple formula to bring down all opposition governments. You have ED in your hands… Leaders don’t get bail when they get arrested under PMLA (Prevention of Money Laundering Act), so all opposition chief ministers will be arrested under PMLA. And they will be told that you either resign or we will bring down the government and implement President’s rule,” she added.

The BJP, meanwhile, said that Kejriwal’s continuation as chief minister is “not appropriate”.

“Arvind Kejriwal’s continuance as chief minister is neither morally good, nor legally appropriate, and above all, does not reflect well on Delhi residents,” Delhi BJP spokesperson Praveen Shankar Kapoor said.

Experts said that the existing laws do not bar a chief minister from functioning even after arrest, but said that such an operation may encounter many practical difficulties.

“An arrest does not disqualify a chief minister from functioning. Since he continues to be chief minister while in jail, he can do only what is permitted under the jail manual. There are practical problems that can arise as the CM has to preside the cabinet, hold meetings ...Unless he is permitted by the court it will be practically difficult for him to function as CM,” former Lok Sabha secretary general PDT Achary said.