Chief Minister of Delhi, Arvind Kejriwal, has been apprehended by the central probe agency ED following an extensive search and questioning. ED, with a substantial force, reached Kejriwal's residence one evening. Post search, Kejriwal was taken into custody in an unprecedented development for an incumbent CM. This begs the question: what now for AAP's reign in Delhi? Defiantly, AAP clarifies that Kejriwal will continue to govern from jail without resigning.
Indeed, between November 2 and March 21, ED issued nine summons to Kejriwal for questioning. However, he consistently excused himself from appearing. When served the ninth notice, he appealed to the Delhi High Court seeking protection from arrest if he complied with their summons. The court, however, did not provide Kejriwal relief. Now, the AAP is taking their fight against the arrest to the Supreme Court.
The question arises, can Kejriwal really lead the government from jail, and remain CM? There's no law in India prohibiting a party head or chief minister from governing while detained. According to the constitution, a leader can retain posts like CM, minister, MP, and MLA while in jail until proven guilty, therefore legally, Kejriwal faces no roadblocks in administering Delhi's government from his cell.
Kejriwal to Govern from Jail
AAP firmly states Kejriwal will helm the Delhi government from behind bars. AAP leader and Delhi minister Saurabh Bharadwaj told a news agency about the party's contingency plan. "Senior party members will make a decision, but if the entire party is jailed, the government, and party operations, will shift to the jail. This is what BJP aims for - shutting down free education, electricity, water, pilgrimages, hospitals, and mohalla clinics. But Arvind Kejriwal will ensure this doesn't happen," stated Bharadwaj.
AAP's Campaign Last Year
Last December, Kejriwal launched a campaign to seek public opinion on whether he should continue governing from jail or resign, dubbed 'I am also Kejriwal.' The AAP claims the campaign concluded with the consensus that Kejriwal should indeed lead the government from his cell. Subsequently, education minister Atishi Marlena and Saurabh Bharadwaj stated that government operations would run from prison if necessary and that AAP is prepared to seek judicial permission for Kejriwal to conduct meetings and work on files from jail.
