Legal experts have raised concerns over the feasibility of Delhi Chief Minister Arvind Kejriwal running the government from jail, following his arrest, as the Aam Aadmi Party (AAP) maintains that he will continue his duties in that capacity.
According to legal experts, though no law prohibits anyone from heading the government
from prison, Kejriwal might face various difficulties in discharging his duties.
CM Kejriwal was arrested on Thursday night by the Directorate of Enforcement (ED) after he skipped 9 summons by the investigation agency deeming them illegal.
Speaking to ANI on the practical difficulties the chief minister will face while discharging his duties from the prison, constitutional expert PDT Achary said that whether the chief minister can discharge his duties smoothly or not will depend on the rules of the jail manual.
“If a jail manual permits such things, then it is ok; otherwise, he has to get permission from the court and then the court has to give a specific direction to jail officials,” Achary said.
He stated that Arvind Kejriwal can continue as the chief minister despite his arrest because he has not been disqualified as a member of the House. Expanding on the responsibilities of the elected state leader, Achary explained that the chief minister is tasked with chairing cabinet meetings and making crucial decisions on various matters. He mentioned the potential use of video conferencing for ministerial meetings but raised concerns about the confidentiality of cabinet discussions being compromised by such practices.
In the meantime, Senior Advocate Ramesh Gupta mentioned that the situation is unique and will be determined by the jail manual and any relaxation granted by the court if CM Kejriwal files any application. He also noted that it will rely on the ED’s presentation to the court when Kejriwal submits any application.
Senior advocate Vikas Singh criticized Kejriwal’s decision to remain Delhi’s Chief Minister, calling it incorrect and suggesting that it might be a political assertion rather than a genuine one.
Advocate Nalin Kohli described it as an intriguing question, noting that such an unusual scenario has not been considered within our constitutional framework.”This is like a constitutional oxymoron,” Kohli said, flagging the issue that someone who is accused of corruption wants to run the government and serve the people.
“It’s unimaginable that someone who is accused of corruption wants to run the government and serve the people from jail,” the lawyer said, adding, “The constitution is beneficial; corruption is the antithesis of that.”
Highlighting the difficulties in running a government from jail, former Tihar Jail official Sunil Gupta has said that various restrictions in jail will cause problems for the Chief Minister in performing his duties. He also pointed out that security will be compromised in such scenarios.
