While in jail, the same jail rules will be applicable to Kejriwal as are applicable to other prisoners. According to this, he can only write letters from jail and that too not regularly but from time to time. They can never be given the freedom to order government files there or issue any orders. The idea of holding a cabinet meeting in jail is pure fantasy.
Even though Chief Minister Arvind Kejriwal himself and all his ministers have been saying repeatedly that they will run the government from jail, there does not seem to be any such possibility. According to constitutional experts, no such example was seen in the past also. On the contrary, if Kejriwal does not resign from the post of Chief Minister, President’s rule can also be imposed in Delhi. It is also being said that no changes can be made in the jail rules for Kejriwal.
President’s rule may be imposed
Justice (retired) Sudhir Agarwal, judicial member of NGT, says that there is a law to suspend a government official if he goes to jail, but there is no such legal restriction on politicians. However, since Delhi is not a full-fledged state, if the Chief Minister does not resign, the President can impose President’s rule in Delhi.
No one ran the government from jail
Similarly, former Rajya Sabha General Secretary Yogendra Narayan says, Kejriwal has been arrested by the ED, in such a situation, if he is sent to judicial custody, then it will directly depend on the court to allow him to discharge the responsibilities of the post of Chief Minister. Yes or No. There is no such thing as constitutional rules and regulations regarding this. However, no such case comes to mind in the past, when a Prime Minister or Chief Minister ran the government while in jail.
Kejriwal will remain in jail like other prisoners
On the other hand, former Chief Secretary of Delhi Umesh Saigal says that while in jail, the same jail rules will be applicable on Kejriwal as are applicable to other prisoners. According to this, he can only write letters from jail, and that too not regularly but from time to time. They can never be given the freedom to order government files there or issue any orders. The idea of holding a cabinet meeting in jail is pure fantasy. Similarly, any person can be allowed to meet anyone while in jail only as per the jail rules.
