GG News Bureau
New Delhi, 13th April. Despite being incarcerated, Delhi Chief Minister Arvind Kejriwal continues to insist on leading the government from behind bars. He’s determined to stay behind bars and continue to be the head of state.
Here we need to understand two concepts about him. One: he will continue to have power even after he is imprisoned because he is running the government as he refused to get out of the chair. Secondly, his lavish mansion should be safe. Arvind Kejriwal is well aware that the mansion would stay with his family as long as he serves as Chief Minister. His family would have to depart that official residence the day he resigns as Chief Minister.
Arvind Kejriwal is employing a variety of lies and deceptions to do this, but they are failing. Neither the Bharatiya Janata Party nor Prime Minister Narendra Modi is currently an impediment to their progress. At this point, Delhi High Court and Rouse Avenue Court are his greatest adversaries, the Trial Court and the High Court, respectively. However, not even the Supreme Court is providing any respite.
He has filed a High Court challenge contesting his detention and arrest. The petition was denied by the High Court. In the Supreme Court, he has contested the ruling of the High Court. It is anticipated that the hearing would most likely happen on Monday.
In addition to this, there was another instance. On the other hand, he had requested that he be permitted to see his attorneys five days a week at the Rouse Avenue Court, or the Trial Court. This is made quite apparent in the jail guidebook. Every undertrial has the right to see his attorney once a week, according to the jail manual. According to Arvind Kejriwal, there are numerous cases still waiting against him. You will need to see a lot of lawyers if you are relocating to numerous cities and states. He therefore requires additional time. It was then specified that he would have two days. He has two days a week to consult with his legal staff. Now, he claimed that he should be granted permission to meet with the legal team five days a week, just as Sanjay Singh was. Initially, the court declined, stating that Sanjay Singh’s permission was granted since the Enforcement Directorate and the jail administration were not given due consideration in that particular case. That choice was made without giving him any thought. Sanjay Singh thus obtained authorization. However, that cannot set a precedent, and he is not entitled to five days a week of lawyer meetings.
Evaluate Arvind Kejriwal’s motivation for requiring five days a week of meetings with his lawyers. His ability to lead the state while incarcerated is restricted, as stated in the jail manual. Though the Constitution doesn’t have any such method or clause dictating whether a Chief Minister or other Minister should remain in office after serving time in prison. The Constitution makes no mention of this. He may therefore stay in office as a result. The Delhi High Court has also stated that there isn’t a clause allowing for his removal. Prior to this, the Supreme Court stated that the administration and Parliament should enact legislation in this area. Such directives cannot come from the Supreme Court. However, the Supreme Court has stated that one should resign from office due to moral obligations. Subsequently, Nawab Malik and Satyendar Jain both resigned as Ministers. But even in jail, Kejariwal continued to be a Minister.
Arvind Kejriwal is the kind of politician who is really astute, or rather crafty. He believes that he is the smartest and most cunning person alive and that his cunning will enable him to overcome anyone. We can overcome any circumstance that arises. His misapprehension has gradually begun to fade. He is not yet prepared to acknowledge that his efforts have been in vain. He was permitted to meet the legal team, or his lawyers, while he was in ED custody. Earlier, Atishi Marlena, a Minister for the Delhi government, released one of his instructions to the media at the time and stated that the Chief Minister had issued it while being held by the ED. In order to prevent water shortages, the water department was the subject of the directive. Make all the necessary preparations for this. The photocopy of it was displayed, although it lacked a date and a signature.
He was unable to sign any documents while in the custody of the ED, which is why the signatures were missing. Thus, the inquiry was: From where did the order originate? ED looked into it. Under no circumstances could Kejriwal have issued a formal order or passed one of this kind while he was under ED arrest. It is a different matter entirely to say anything to someone verbally. A member of Arvind Kejriwal’s legal team stated during the ED probe that we had handed the party that order because it was ordered to us, which Atishi revealed to the media afterwards. While incarcerated, Kejriwal hoped to convey to the people of Delhi his concern for their well-being through that decree.
He wanted to continue giving the impression that he was operating the administration from behind bars. He created the delusion that something ought to be apparent if he were to lead the state from behind bars. Any directive must originate from the jail as well. It is against the law to bring instructions from the jail using this technique. While in detention, he is not allowed to give his attorney any such directive. Based on this, Rouse Avenue Court rendered a decision stating that you are not permitted to meet with the legal team for a period of five days.
He misused it. He is not allowed to give directives while consulting the legal team. Presently, the court is unable to declare categorically that operating a government from a jail cell is outside its purview. This will not be stated by the trial court, the High Court, or the Supreme Court. However, the evidence is clear that there is no such clause that grants him a special privilege to run the government from jail.
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