[Arvind Kejriwal in Jail] “Letter to LG on Flag Hoisting Was a Breach of Rules”: Tihar Authorities | GAD Rejects Delhi CM’s Flag Hoisting Order

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The General Administration Department (GAD) has deemed Delhi CM Arvind Kejriwal’s directive for Minister Atishi to hoist the national flag as “legally invalid” and inactionable. GAD Additional Chief Secretary Navin Kumar Chaudhary emphasized that the order holds no legal weight. Tihar authorities also criticized Kejriwal’s letter to the lieutenant governor, stating it violated Delhi Prison Rules by overstepping his privileges.

New Delhi: Tihar authorities informed Delhi Chief Minister Arvind Kejriwal in a letter that his communication to the lieutenant governor, which stated that Minister Atishi would hoist the national flag on Independence Day, considered an “abuse of privileges” granted under the Delhi Prison Rules.

The superintendent of Tihar’s central jail number 2, where Kejriwal currently held, cited the Delhi Prisons Rules, 2018, in his message to Kejriwal, advising him to “desist from any such impermissible activity” or face a reduction in his privileges.

The superintendent clarified that Kejriwal’s letter to the LG was not sent and had been filed instead. The Aam Aadmi Party (AAP) has not yet responded to this development. Kejriwal has been incarcerated in Tihar since April 1, following his arrest by the Enforcement Directorate (ED) in connection with a money laundering case linked to the excise policy.

In the communication, the jail superintendent reminded Kejriwal that he is permitted to write only to his family, close friends, or individuals involved in his legal case.

The message read,

“From a plain reading of the above rules, it is evident that your communication does not fall within the permissible communication that can be sent outside the prison. Your letter dated 06.08.2024 has not been sent to the addressee but has been filed,”

The jail official also expressed concern over the sharing of the letter’s contents with the media, noting that it constituted an abuse of privileges.

The superintendent further warned Kejriwal to refrain from such actions, stating that,

“Failing which, I shall be constrained to invoke the provisions of Delhi Prison Rules, 2018, to curtail your privileges.”

The letter referenced Rule 588, which mandates that the content of all letters written by prisoners must be limited to private matters.

Additionally, Rule 620 (vii) of the Delhi Prisons Rules, 2018, cited by the jail official, stipulates that,

“No letter shall be delivered to or be sent by a prisoner until the superintendent has satisfied himself that its transmission is not objectionable.”

The Delhi government‘s annual Independence Day program is traditionally held at Chhatrasal Stadium, where the chief minister addresses the gathering.

The General Administration Department (GAD) declared that Delhi Chief Minister Arvind Kejriwal does not have the authority to appoint AAP minister Atishi to hoist the national flag on Independence Day on his behalf.

The GAD described the directive as,

“Legally invalid and cannot be acted upon.”

This announcement follows AAP minister Gopal Rai’s instructions to the GAD to arrange for Atishi to hoist the national flag during Independence Day celebrations. These instructions were issued after Rai consulted with CM Kejriwal, who remains in Tihar Jail in connection with the Delhi excise policy case.

GAD Additional Chief Secretary Navin Kumar Chaudhary emphasized that the CM’s directive is invalid and cannot be implemented, adding that Kejriwal’s communication to LG VK Saxena on August 6 “not permissible” under prison rules.

Chaudhary also noted that preparations for Independence Day are proceeding as planned at Chhatrasal Stadium, the usual venue for the event. He mentioned that a decision on who will hoist the flag is still pending and that the matter has been referred to a “higher authority” for further instructions.

Although Kejriwal had indicated in a letter to the LG that Atishi would hoist the Tricolour, the LG’s office stated that they did not receive any such communication from the chief minister.


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