Three significant leaders of the common man—Manish Sisodia, Sanjay Singh, and now Arvind Kejriwal—were detained in connection with the liquor scandal. The main concern following Kejriwal's detention is the management of the Delhi administration. Is Kejriwal able to continue serving as Chief Minister? The party is asserting that he won't step down. There is no provision that forbids the Chief Minister from leading the government while incarcerated.
Aam Aadmi Party sources claim that Kejriwal knew the ED may make an arrest. For this reason, he had already developed Plan B. Delhi's administration will be led by Education Minister Atishi in the event that he had to step down. A month ago, this issue was brought up in the party. Atishi was assigned the former Deputy Chief Minister Manish Sisodia's job following his detention.
Some say that Atishi will take Kejriwal's job even if he has to serve a lengthier sentence in prison. It's unclear, though, if Kejriwal would step down and hand over leadership to Atishi, or if Kejriwal will stay in office and Atishi will take on the role of acting chief minister.
Arvind Kejriwal will continue to serve as Delhi's chief minister, according to Atishi. They will rule the country from prison if needed.
The government will escape from prison in this manner.
The paperwork will be brought to the jail; however, signing them need the consent of the court.
"According to the jail manual, the CM can look after his work while staying in the jail," states Supreme Court Advocate Ashwini Dubey. In any scenario, if an arrest is made, the CM does not have to step down. They are allowed to sign scheme files and participate in cabinet sessions while they are incarcerated. But this requires consent from the court.
If the CM is required to sign any files, the court's clearance must be obtained beforehand. The case will go to the jail administration if the court determines that CM's signature is required on it. A nodal officer will be chosen by the jail administration to sign the documents pertaining to the CM. After reviewing the files and getting the CM to sign them, he will give the files back to the designated office official.
A cabinet meeting may be held while incarcerated; the court will determine how this is to be done. Vineet Jindal, a Supreme Court counsel, states that a Chief Minister can attend cabinet meetings while incarcerated. Whether the chief minister meets in person with other ministers or virtually will be determined by the court.
The court will really determine the necessity of the meeting. Is the CM's actual presence at the meeting required for decisions to be made, or can decisions be made in that meeting without the CM? If so, what is the required number of hours of presence? The court has the authority to allow the CM to leave jail and come into the office for a brief meeting if it deems it necessary.
While incarcerated, Kejriwal retains the ability to make decisions.
Is it possible for the government to carry on while the CM stays imprisoned? Is this a feasible option? Advocate Vineet Jindal comments, "This can happen because it becomes a very long task if the CM himself signs all the files or attends cabinet meetings while in jail." It is expected of the CM to act in the public interest while making choices and to complete tasks more quickly.
While incarcerated, decisions are made with a great deal of delay. The chief minister may also choose to name any one of his senior ministers as chief minister in such a case. The designated minister is able to make decisions in lieu of the CM while he is incarcerated.
Meanwhile, attorney Virag Gupta for the Supreme Court claims that the Representation of the People Act of 1951 makes no reference of the requirement for a Chief Minister or Minister to resign in the event of a jail sentence. This is an extremely complex matter. It has numerous layers inside of it. Thus, nothing can be said in terms of yes or no.
The answer to the issue of whether Arvind Kejriwal can be arrested while serving as chief minister is in the affirmative. The Governor and the President are the only two people in the nation who are not subject to arrest in criminal cases. Can he continue to serve as the CM while incarcerated is the second question. So, the answer to the question of whether he can continue serving as Chief Minister is yes.
Kejriwal is still eligible to serve as Chief Minister even if he receives a two-year jail. If it goes over this limit, you won't be accepted. He will then resign from his position. This will likewise require a full year. The Representation of the People Act of 1951's Section 8(3) stipulates these guidelines for disqualification.
In civil cases, the Chief Minister is immune from arrest and custody under Article 361.
In civil cases, the Chief Minister is immune from arrest and custody under Article 361 of the Constitution. In the event of a criminal case, the Chief Minister may be taken into custody. The ED has taken Kejriwal into custody.
Whether Kejriwal can continue as chief minister or not will be determined by the court if he is placed in judicial detention. The Constitution contains no provision addressing this. Nonetheless, no Prime Minister or Chief Minister has ever led the government from prison before.
The Supreme Court is holding a hearing on AAP's appeal today.
Following Arvind Kejriwal's arrest, the AAP petitioned the Supreme Court. He had filed an appeal for a nighttime hearing, but the Supreme Court rejected it. The hearing will now take place on March 22, which is today. Kejriwal will be greatly relieved if the Supreme Court rules against the arrest in this instance. A cabinet meeting in jail may also be requested by the party in the event that the ban is not implemented.
After nine summonses, he did not answer, and the ED detained him.
In order to question Arvind Kejriwal, the ED had issued nine summonses between November 2, 2023 and March 21, 2024. Kejriwal did not make a single appearance before the ED. He went to Delhi High Court to contest the ninth summons as soon as he received it.
He filed a plea asking that he not be taken into custody if he shows up to be questioned by the ED. But Kejriwal was not granted this exception by the High Court. Following this, a ten-person team under the direction of the Additional Director of ED arrived at Arvind Kejriwal's home and conducted a search. Two hours later, they had him detained.
On March 21, why was Kejriwal arrested?
According to attorney Vineet Jindal, CM Arvind Kejriwal received nine summonses from the ED. There was not a single summons that he answered. On March 21, the Delhi High Court heard a plea requesting a stay of arrest. Two judges spent roughly twenty minutes reviewing the issue.
Recognized the gravity of every ED summons and CM Arvind Kejriwal's ignorance of them. It was only then that the High Court denied Kejriwal's request for relief.
In this case, it became evident to the ED that the evidence they used to issue Arvind Kejriwal a summons was adequate to warrant his detention. For this reason, Arvind Kejriwal was detained without waiting for the next scheduled meeting; his interrogation had already begun.
The arrest story of Kejriwal
On March 21, at about 5:00 p.m., RAF soldiers congregated behind the CM office. When their shift ended, the staff members at the CM office were getting ready to head home. Personnel from the Rapid Action Force began to congregate around that point. The workers were unaware that the CM would be taken into custody.
Sources in the CM office claim that by nightfall, there was further disturbance in the Delhi Secretariat. The force officers were discussing a significant occurrence. The Secretariat employees thought the CM might have received a threat after hearing him speak. This is the reason that security arrangements are being discussed.
The events from the CM office to his house quickly changed after the personnel left. The number of ED officers under siege began to rise. Following the announcement that Kejriwal had been detained by the ED for a liquor fraud.
This booze swindle has resulted in 16 arrests so far, including the daughter of the former CM. The Delhi administration altered the alcohol policy and granted licenses to its preferred merchants, according to the ED and CBI. A bribe was taken from him in exchange. The Aam Aadmi Party, however, disputes these claims. In this case, ED has detained 16 persons thus far.
Six chargesheets have been filed by ED in relation to the liquor fraud thus far. Additionally, property valued at about Rs 128 crore was taken. The daughter of former Telangana Chief Minister K. Chandrashekhar Rao, Kavita, has been arrested by the Enforcement Department in connection with the liquor scam. From his Hyderabadi home, this arrest was accomplished. Kavita is being held until March 23.
