The past track record of the PMLA law under which ED has arrested Arvind Kejriwal shows that bail is not so easily granted. The biggest example of this is former Deputy CM of Delhi Manish Sisodia, who is in jail since last year. Now the court has sent 6-day remand of Arvind Kejriwal to ED. Yesterday Aadmi Party had said that Kejrawal will be the CM of Delhi and will run the government from jail. While leaving the court today, Kejriwal also talked about running the government from jail. But according to legal experts, there will be no constitutional hurdle in this matter, but still Arvind Kejriwal will not be able to run the government from jail. Let us tell you why so-
“It is legally possible to work from jail”
Legal experts believe that Arvind Kejriwal can continue on the post of Chief Minister despite being arrested by the Enforcement Directorate (ED) in a money laundering case related to excise policy, because there is no provision under the law that prevents an arrested person from holding the post. Prohibits you from continuing on. Senior advocate Gopal Sankaranarayanan said there is no bar in law for a person to continue as chief minister once arrested.
Asked whether Kejriwal could remain chief minister even after his arrest, Sankaranarayanan said, “There is no bar in law for a person to remain chief minister once he is arrested.” According to the Representation of the People Act, an MLA can be considered ineligible only after conviction, accordingly he will not be entitled to become a minister. Although (it) is unprecedented (situation), it is technically possible for them to work from jail.
administratively impossible
On this matter, senior advocate Vikas Singh said that even though there is no such restriction legally, administratively it would be almost impossible. Senior advocate Vikas Singh said, “There is no bar legally, but administratively it would be almost impossible.” Let us tell you that Kejriwal has not resigned from the post of Chief Minister. Aam Aadmi Party (AAP) said that Kejriwal He will remain the Chief Minister of Delhi and if needed, he will run the government even from jail.
Why won’t Kejriwal be able to run the government from jail?
According to legal experts, even though the Constitution does not prohibit running the government from jail, but in reality, when a sitting leader runs the government from jail, he will face practical problems. For example, if Arvind Kejriwal runs the government from jail, then he will have to hold cabinet meetings, sign files, sign checks, pass orders to officials, and dozens of people from the government and administration will have to meet Kejriwal every day. will be. But for each of these works, Kejriwal will have to take permission from the court every time.
In such a situation, the rule says that from giving a paper and pen to a person in jail to meeting someone, permission will have to be taken from the court for everything. If Arvind Kejriwal runs the government from jail, then he will have to take dozens of permissions from the court in a day for dozens of such works related to the CM office, which is naturally impossible.
Under what circumstances can Kejriwal be disqualified?
Let us tell you that Section-8, Clause-3 of the Representation of the People Act is related to the disqualification of an MLA, in which there is a provision that if a public representative is convicted of any crime and is sentenced to 2 years or more, then He will be disqualified from the date of sentencing. It says that such public representatives will be disqualified for a period of 6 years after their release. Under Article 361 of the Constitution, only the President and the Governor are exempted from arrest and proceedings before the court. No such exemption is given to the Prime Minister and the Chief Minister of any state.
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