Arvind Kejriwal’s First Order From ED Custody: Can A Chief Minister Run Govt From Jail? – News18

Amid discussions about whether Arvind Kejriwal can continue as Delhi Chief Minister and the BJP’s call for his resignation, he has issued his first order from the Enforcement Directorate’s custody on Sunday.

The order relates to the water supply in the national capital and was sent to Delhi minister Atishi, who oversees the portfolio.

At a press briefing, Atishi revealed she was moved to tears upon reading the Chief Minister’s note.

“Arvind Kejriwal ji has sent me a letter and a direction. On reading it, I was in tears. I kept thinking who is this man, who is in prison, but is still thinking about Delhi residents’ water and sewage problems. Only Arvind Kejriwal can do this because he considers himself a family member of Delhi’s 2 crore people,” Atishi said.

“I want to tell the BJP, you can arrest Arvind Kejriwal and put him in jail, but you cannot imprison his love and sense of duty for Delhi’s people,” she said, adding that the AAP leader may be in jail, but “no work will stop”.

Reading out the letter, she stated, “Even today, after being arrested, Arvind Kejriwal ji is thinking about the people of Delhi”.

In his first order, Kejriwal ordered that sufficient water tankers be provided in areas facing shortages before the summer months arrive. He also directed to issue instructions to the chief secretary and other officers in this regard.

The Aam Aadmi Party has maintained that Kejriwal will continue to serve as Delhi CM despite his arrest. Although there is no legal prohibition, prison regulations will pose significant challenges.

DOES KEJRIWAL NEED TO RESIGN AFTER ARREST?

A Chief Minister can only be removed from office upon conviction in a case. For instance, in the case of Jayalalithaa, she served for three years before being found guilty in a disproportionate assets case. While there may be practical challenges for a Chief Minister, there is no legal requirement preventing them from holding office while under investigation.

Discussing the matter last November, Delhi Cabinet minister Saurabh Bharadwaj said, “The Constitution of India has not granted the legal right to challenge the fundamental rights of citizens to vote and elect a government and a popular CM. There’s no provision in the Constitution which states that CM has to resign if they’re arrested in the pretence of trial.”

Additionally, AAP leader Atishi mentioned that the party also considered asking the court for permission to hold Cabinet meetings in jail. “If necessary, all officers will go there, and we will obtain permission from the court to take files there. CM Arvind Kejriwal will run the Delhi government from jail, and we will not let the work for the people of Delhi stop even from jail,” she had said.

On Saturday, Aam Aadmi Party leader and Punjab Chief Minister Bhagwant Mann stated that if his Delhi counterpart Arvind Kejriwal is imprisoned, they will ask the court for permission to set up his office in jail to manage government affairs from there.

He also stressed that no one can take Kejriwal’s place in the Aam Aadmi Party. “It is not written anywhere that a government cannot function from jail,” Mann told news agency PTI.

“The law says he can work from jail till found guilty. We will seek permission from the Supreme Court, High Court for setting up office in the jail and the government will function,” Mann stated.

Kejriwal was arrested on Thursday night by the Enforcement Directorate in a money laundering case connected to alleged irregularities in formulating and implementing the now-scrapped excise policy. He has been remanded in ED custody until March 28.

(With inputs from agencies)