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Night of drama: Arvind Kejriwal to stay Delhi CM, insists AAP
Kejriwal was arrested by ED for his “involvement in the excise policy, being evasive during questioning, and skipping nine summons”
A night of drama unfolded around Delhi chief minister Arvind Kejriwal’s residence on Flagstaff Road as the Enforcement Directorate (ED) first questioned and then arrested the senior Aam Aadmi Party leader on Thursday evening, prompting his party to allege that the AAP leader’s incarceration was part of a “political conspiracy” by the Bharatiya Janata Party-led central government.
Delhi minister Atishi, among other AAP functionaries, said the AAP chief will continue working as the chief minister of Delhi from jail — a situation that political experts, as well as lawyers, said was out of the ordinary but not entirely impossible. However, given there is no precedence — as Kejriwal is the first incumbent chief minister to be arrested — it may be difficult to run daily affairs of the Capital from jail.
Read more: Arvind Kejriwal is first sitting chief minister to be arrested
To be sure, there is no prohibition either in the Constitution or under any statute that mandates a sitting CM to resign after arrest in a criminal case. It is only after their conviction and an imposition of a jail term that they must resign. Some precedents and political prudence have seen CMs stepping down after arrests.
Kejriwal was arrested by ED for his “involvement in the controversial Delhi excise policy 2021-22, being evasive during questioning, and skipping nine summons issued by the agency”.
“Prime Minister Narendra Modi was afraid of Kejriwal”. “The people of Delhi love Kejriwal and consider him as their family member. PM Narendra Modi is afraid of Arvind Kejriwal. ED and BJP do not respect the courts. When the court has sent a notice, why they cannot wait for the next date?” said Atishi, speaking to media outside the CM’s residence.
Read more: Hemant Soren arrested by ED in land scam money laundering probe
Several AAP leaders and workers, including ministers and MLAs, also arrived outside Kejriwal’s official residence and protested against the ED. Elaborate security arrangements were in place and Delhi minister Saurabh Bharadwaj said AAP ministers were not being allowed to go inside the residential complex.
Bharadwaj who arrived at the CM’s residence soon after ED, alleged the agency came prepared to arrest Kejriwal. “It appears that ED has raided the residence of chief minister... No one is being allowed to go inside the CM residence. It appears they are fully prepared to arrest the CM. The people are watching, we will not remain silent,” said Bharadwaj.
By late evening, roads leading to the CM’s residence were cordoned off and personnel from Delhi Police as well as paramilitary units were deployed in and around to maintain law and order. Delhi Speaker Ram Niwas Goel, said: “All MLAs have unanimously decided Kejriwal will not resign as chief minister after arrest.”
May continue as CM
Experts and lawyers said that if the CM has not lost his seat, he can continue to discharge his duties from inside the prison from a constitutional point of view.
“It is an option for the CM to run the government from jail. However, how convenient will it be for all the files to be sent to jail for signatures every day and will the jail authorities allow that? It will also depend on what norms the jail authorities follow,” said PD Thankappan Achary, former secretary general of Lok Sabha.
Read more: Arvind Kejriwal arrested by ED in liquor probe, AAP demands immediate SC hearing
A second person said if the CM and AAP decide Kejriwal will resign, he can either appoint one of the ministers as acting CM or nominate a relative, such as his wife, to be the CM. Former Bihar CM Lalu Yadav deputing his wife when he got arrested for the fodder scam was cited as precedence.
“In such a situation, the relative will have to win the election for his seat within the next six months,” said SK Sharma, former secretary of the Delhi Assembly.
Experts added that legally, the President’s Rule is not a possibility in the current situation. President’s Rule can only be imposed if the government has lost its majority and fallen. In this situation, all administrative charge lies with the lieutenant governor till the next election.
“President’s Rule would be unconstitutional as there is no political emergency. The option that may work best is if the CM nominates an acting CM on his behalf,” said Sunil Gupta, a senior lawyer at the Delhi high court.
