Legal experts flag concerns over CM Kejriwal discharging duties from jail

Following the Aam Aadmi Party’s (AAP) clarification that Delhi Chief Minister Arvind Kejriwal would continue governing from jail after his arrest, legal experts expressed concerns about him fulfilling his duties while incarcerated.

“Arvind Kejriwal may face various difficulties in discharging his duties from jail; however, the law does not prohibit anyone from heading the government from prison,” the legal luminaries opined.

Arvind Kejriwal was arrested by the Directorate of Enforcement (ED) on Thursday night after failing to comply with multiple summons, which he deemed “illegal.”

“Inside prison, everyone is equal and jail rules uniformly apply to all,” the legal experts asserted.

Constitutional expert PDT Achary discussed the practical difficulties Kejriwal might face as a prisoner in Tihar Jail, emphasizing that his status as Chief Minister remains unchanged.

“Kejriwal’s arrest does not change his status as Chief Minister,” Achary said, adding, “whether he can perform his function as Chief Minister smoothly is subjected to a jail manual.”

Regarding Kejriwal’s continued tenure as Chief Minister despite his arrest, Achary explained that he has not been disqualified from his legislative position. However, he acknowledged the challenges Kejriwal may encounter in fulfilling his duties, including the handling of cabinet meetings and decision-making processes, which may involve video conferencing with ministers.

“Kejriwal can remain as the chief minister even after the arrest because he has not yet been disqualified from the House as a member,” Achary said.

Senior Advocate Ramesh Gupta emphasized the importance of adhering to jail regulations and any relaxations granted by the court.

“It is a peculiar situation that will depend on the jail manual and the relaxation given by the court if CM Kejriwal moves any application,” Gupta said.

Meanwhile, Senior Advocate Vikas Singh questioned the legitimacy of Kejriwal’s decision to retain his position, labeling it as a political rather than a bona fide claim.

“Vikas Singh referred to Kejriwal’s decision to continue being the Chief Minister of Delhi as incorrect and said that it could be a political claim but not a bona fide claim,” the report stated.

Advocate Nalin Kohli described the situation as unprecedented within the constitutional framework, expressing skepticism about someone facing corruption allegations continuing to govern from jail. He emphasized the incongruity of such a scenario and criticized it as driven by political self-interest rather than public service.

“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.

Former Tihar Jail official Sunil Gupta highlighted the practical challenges and security implications of running a government from jail, underscoring the potential complications for the Chief Minister.

“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,” the report noted.

Arvind Kejriwal remains in ED custody until March 28, with the case revolving around alleged irregularities and money laundering related to the Delhi Excise Policy 2022, which was subsequently annulled.