Arvind Kejriwal arrested: Amid the crisis arising due to Delhi Chief Minister Arvind Kejriwal's arrest in the liquor policy case, the AAP leader "does not necessarily need to resign" from his post, senior Supreme Court advocate Uttara Babbar said in an exclusive interview with India TV. Kejriwal, if not granted relief by the courts, can run the Delhi government from jail, as the AAP leaders have stressed, but he would need the permissions of the court for the same, the advocate said.
Kejriwal was arrested by the ED in the Excise Policy case on Thursday evening. He moved the Supreme Court for urgent hearing today challenging his arrest, however, later withdrew the petition as withdrawal was "necessary as it conflicts with Kejriwal's ongoing remand proceedings", his lawyer Abhishek Manu Singhvi stated.
What does the law say about Kejriwal's chances to remain Delhi CM after arrest?
"He (Arvind Kejriwal) does not necessarily need to resign according to the law. Resignation is necessary only in the case of conviction and sentences, according to the Representation of the People's Act. There is no embargo for him to continue. Practically how he will manage to do it is a different question," Uttara Babbar said in the interview.
Asked if Kejriwal has the right to run the government from jail, the advocate said that the jail manuals give "restricted rights" to the prisoners, however, it is possible if the court gives permission for special privileges.
"According to the jail manuals, there is a restricted right. Having frequent meetings and frequent access to papers is not provided for. But in this case, it is also possible to seek the court's permission for special privileges. He can apply to the court for privileges according to his requirements. The court will have to grant him certain special privileges," she said.
"There is a provision. It's premature to decide if he will be able to run the government this way or not. In law, there is an avenue to apply for privileges," the advocate added.
When asked if there can be a situation of deadlock between the Centre and the Delhi government if Kejriwal continues to run the government from behind the bars, she said, "To anticipate a deadlock, there may be, that will have to be dealt with as it comes".
Can Delhi LG seek Centre's intervention if matters related to governance go out of hands?
Responding to a query if the Delhi LG can seek Centre's intervention in the form of President's rule in case of failure of constitutional machinery, she said, "In case of failure of constitutional machinery will have to be absolutely substantial. I don't think the current situation is so substantial that a democratically elected government can be set aside. I also don't believe that this would be a situation where the balance between the state and the Centre can be broken down. The law does not disqualify him at his stage. That happens at a much later stage."
Can Kejriwal appoint his wife Sunita Kejriwal as Delhi CM?
When asked if Kejriwal can appoint his wife as the Delhi Chief Minister if he is not granted relief, like Lalu Yadav appointed Rabri Devi as the Bihar CM when he was arrested in the fodder scam case, Uttara Babbar said, "Can Kejriwal do a Lalu yadav?: If he does not get any protection from court and does not also get any privileges from the court, then his party can take a call on who could be the chief minister. It's very premature and a lot can happen."
