A petition has been filed in the Delhi High Court, seeking permission for Chief Minister Arvind Kejriwal to govern from within jail.
The petition was submitted by lawyer Shrikant Prasad, who has urged the court to instruct the Director-General of Tihar Jail to make necessary arrangements for the Chief Minister. However, the court has yet to decide whether to entertain the plea or not.
The petition calls on the court to direct the jail's DG to facilitate an environment that enables Kejriwal to communicate with the legislators and ministers of Delhi via video conferencing from the jail.
What does the petition state?
Shrikant Prasad argues in his petition that the current circumstances in Delhi are a breach of the fundamental rights granted under Articles 21, 14, and 19 of the Indian Constitution. He maintains that there is a remarkable record of health and education improvements in Delhi over the past seven years. According to the petition, neither the Indian Constitution nor any law can prohibit a minister, chief minister, or prime minister from carrying out governmental responsibilities.
A fast-track hearing is requested
Prasad claims that he is knocking on the doors of the court on behalf of the poor and disenfranchised individuals who are benefiting from Delhi government's schemes, yet are unaware of their rights. He alleges that Kejriwal is imprisoned due to political malice and demands that permits be granted for Kejriwal to run the government from jail. An expedited hearing of this petition has also been sought.
Will Kejriwal Govern from Jail?
Since Kejriwal's arrest by the Enforcement Directorate on 21 March amidst an alleged liquor scam, the Aam Aadmi Party claims he has been governing from jail.
National General Secretary of the party, Sandeep Pathak, indicates that, from next week, Kejriwal will meet with two ministers inside jail to supervise governmental affairs.
Tihar Jail authorities have confirmed that Delhi government ministers Atishi, Kailash Gahlot, and Saurabh Bhardwaj have been put on the visitor list, allowing them to meet Chief Minister Kejriwal twice a week.
What next?
There is no law or rule that prevents Kejriwal from governing from jail; he continues to be the Chief Minister and has the capacity to administrate from within prison.
Sunil Gupta, former superintendent of Tihar Jail, mentioned that as per the Delhi Prison Act of 2000, any location or building can be designated as a jail, hence Kejriwal can be allowed to govern from there. However, this is subject to approval from the Lieutenant Governor.
Gupta also shared that during his incarceration, Subrata Roy Sahara had been granted a complex within the jail, equipped with internet, phone, and video conferencing facilities, from where he conducted asset sales to repay debts. Now, a petition is filed for making similar provisions for Kejriwal in Delhi High Court. If the court proceeds with the plea and orders the arrangements, Tihar could witness similar setups for Kejriwal.
Three petitions to remove CM Kejriwal dismissed
Previously, three petitions demanding Kejriwal's removal from the Chief Minister's post have been dismissed by the Delhi High Court. One filed by Surjeet Singh Yadav, another by an individual named Vishnu Gupta was not considered, and a third by former AAP legislator Sandeep Kumar was not only dismissed but was also fined ₹50,000 by the court.
Kejriwal to remain in custody until 23 April
Chief Minister Arvind Kejriwal is to remain in judicial custody till 23 March. With his remand initially ending on 15 April, Rouse Avenue Court has extended it until 23 April.
Following the dismissal of his plea against the arrest by the High Court, Kejriwal has now turned to the Supreme Court, which is set to hear the matter on 29 April.
