Chief Minister Arvind Kejriwal ED in Delhi liquor scam case Arrested Have done. Earlier, the Enforcement Directorate’s investigation reached the house of Delhi Chief Minister Arvind Kejriwal. On March 21, ED searched Arvind Kejriwal’s house and interrogated him. Actually, CM Kejriwal did not get relief from arrest from Delhi High Court. Only after this, 6 to 8 ED officials reached CM Kejriwal’s house. During the interrogation, the Enforcement Directorate had seized the phones of Arvind Kejriwal and his family. Meanwhile, Arvind Kejriwal’s legal team has approached the Supreme Court. After interrogation, ED arrested CM Kejriwal.
During the interrogation of CM Arvind Kejriwal, the question was arising whether he would also be arrested like Manish Sisodia and Satyendar Jain? Meanwhile, Delhi government minister Atishi said that if Chief Minister Kejriwal goes to jail, he will run the government from there. This statement of his naturally raises the question whether a Chief Minister has the right to run the government from jail? What do the laws and rules say in this matter? Can it be practical for a Chief Minister to run the government from jail? If he runs the government from jail, what kind of approvals will he have to take?
‘Arrest is not considered a conviction’
Supreme’s lawyer Virag Gupta says that there is no compulsion on any Chief Minister to resign after arrest. In fact, in the eyes of the law, arrest is not considered a conviction. Therefore, resignation of a CM cannot be taken immediately after his arrest. However, it will be interesting to see how practical it would be to run the government from jail. Also, how correct would it be on the basis of democratic traditions to run the government from jail? At the same time, running the government from jail will depend a lot on the rules of the jail.
IRDAI interrogated Delhi CM Arvind Kejriwal for a long time before arresting him.
How can Kejriwal run the government from jail?
Virag Gupta said that as far as practicality is concerned, the Chief Minister can hold cabinet meetings through video conferencing. Now if the question arises as to how a meeting with the cabinet or ministers will be held from the jail, then it will be necessary to take the approval of the jail administration. If the jail administration does not allow CM Kejriwal to hold meetings through video conferencing, then this will not be possible. At the same time, CM Kejriwal himself will have to take a decision regarding running the government from jail. After this a lot will depend on the jail administration. If CM Kejriwal wants to run the government from jail and the jail administration allows, then he can do so.
Also read – ‘Arvind Kejriwal will run the government from jail…’ Minister AAP leader Atishi made a big claim
What did the Supreme Court say on the necessity of resignation?
Supreme Court lawyer Virag Gupta says that even if any minister or chief minister is arrested in any case and goes to jail, there is no compulsion on him to resign. In one case, the Supreme Court has also said that there is no provision in the Representation of the People Act regarding mandatory resignation on going to jail. In corruption cases, arrests can be made, but the approval of the Lieutenant Governor will have to be taken to prosecute. At the same time, if convicted, there may be a ban on contesting elections for six years. At the same time, if a leader is only an accused and is also in jail, then he can contest the election of MP-MLA.
Also read – ED arrested Arvind Kejriwal after long interrogation in CM House
Can a Chief Minister be arrested
According to the Indian Constitution, only the President and the Governor of the country are exempted from civil and criminal proceedings till the end of their tenure. At the same time, the Prime Minister or the Chief Minister does not get this exemption. According to Article 361 of the Constitution, the President of India and the Governors of the States are not answerable to any court for any act done in the course of performing their official duties. At the same time, the Prime Minister and Chief Ministers do not have this legal exemption. Therefore, if made an accused in any case, the Prime Minister and the Chief Minister can be arrested. However, the law says that a Chief Minister can be removed from the post only if he is found guilty in the case.
Jayalalitha was arrested when she was the CM of Tamil Nadu. At the same time, Lalu Prasad Yadav had resigned from the post of CM of Bihar before his arrest.
Jalalita was convicted while in office
Former Tamil Nadu CM Jayalalitha was the first Chief Minister to be convicted while in office. He was arrested while he was the Chief Minister. Jayalalitha had served as Chief Minister for three years before being found guilty in the disproportionate assets case. Similarly, arrest warrants were also issued against former Bihar Chief Minister Lalu Prasad Yadav in the fodder scam case. However, he resigned from the post of Chief Minister and made his wife Rabri Devi the Chief Minister.
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Tags: Arvind kejriwal, CM Arvind Kejriwal, Constitution of India, Enforcement directorate, supreme court of india
FIRST PUBLISHED: March 21, 2024, 21:54 IST