New Delhi: Delhi Lieutenant Governor V K Saxena assured the people of the national capital that the government will not be run from jail. His remark came in response to the statements made by AAP leaders that Arvind Kejriwal will continue as Chief Minister even if he is behind bars.
It is pertinent to mention that the AAP national convener was arrested by the Enforcement Directorate (ED) on March 21 in connection with a money laundering case related to the excise policy. He was subsequently remanded to the agency's custody until March 28.
'I can assure...'
Speaking at an event, Saxena said, “I can assure the people of Delhi that the government will not be run from jail.”
Kejriwal to continue as Delhi CM: AAP
Meanwhile, the 55-year-old leader's arrest, amid the campaign for the Lok Sabha elections, drew angry reactions from his Aam Aadmi Party. The party said Kejriwal "will continue as the Chief Minister of Delhi and if need be, he will run the government from jail." However, the BJP though demanded that Kejriwal step down as Chief Minister on moral grounds.
Can Kejriwal run his govt from jail?
While it may be logistically impractical for a Chief Minister to effectively run their office from behind bars, there exists no legal barrier preventing them from doing so. According to the law, a Chief Minister can only face disqualification or removal from office upon conviction in any case. As of now, Arvind Kejriwal has not been convicted. The Representation of the People Act, 1951 outlines disqualification provisions for certain offences, but a conviction is a prerequisite for anyone holding the office.
A Chief Minister can be ousted from their position under two circumstances: either by losing majority support in the assembly or through a successful no-confidence motion against the government they lead.
In some instances, Chief Ministers have resigned either shortly before or after their arrest. A recent example is that of Hemant Soren, who resigned as the Jharkhand Chief Minister before being arrested by the Enforcement Directorate on January 31 of this year. He was subsequently replaced by Jharkhand Mukti Morcha (JMM) Champai Soren.
Delhi excise policy scam
It is alleged that the Delhi government's excise policy for 2021-22 to grant licences to liquor traders allowed cartelisation and favoured certain dealers who had allegedly paid bribes for it, a charge repeatedly refuted by the AAP. The policy was subsequently scrapped and Delhi Lt Governor VK Saxena recommended a Central Bureau of Investigation probe, following which the ED registered a case under the Prevention of Money Laundering Act (PMLA).
AAP leaders Manish Sisodia and Sanjay Singh are in judicial custody in the case.
Kejriwal's name has been mentioned multiple times in the charge sheets filed by the ED in the excise policy case. The agency has alleged that the accused were in touch with Kejriwal for formulating the excise policy that resulted in undue benefits for them in return for which they paid kickbacks to the Aam Aadmi Party.
(With PTI inputs)
