Today 2nd April, Former SC Justice Ajay Rastogi suggests that public morality demands resignation in response to requests for Arvind Kejriwal to step down.
Today Former Supreme Court Justice Ajay Rastogi indicated that it’s inappropriate for someone in custody to remain in office. He made this reference in regard to Chief Minister Arvind Kejriwal, who is facing calls for resignation after being arrested by the Enforcement Directorate in the Delhi liquor policy case.
Justice Rastogi stated,
“Sections 8 and 9 of the Representation of the People Act cover disqualification matters. They address both disqualification criteria and certain other aspects,”
He mentioned that the Delhi Prison rules impose numerous restrictions, requiring every document to be reviewed by the Superintendent of Jails. Only with his approval can one proceed to sign.
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He remarked,
“If these are the restrictions imposed by the law framers, then it’s crucial for the individual to decide whether it’s appropriate to remain in office while in custody,”
He also added,
“If you hold the esteemed position of a chief minister, it’s a public office. Being in custody while holding such a position isn’t appropriate. Public morality dictates that one should step down. Let’s look at past examples. J Jayalalithaa, Lalu Prasad Yadav resigned, and recently Mr. (Hemant) Soren also resigned. You can’t present any document to a chief minister in custody and expect them to sign it.I strongly believe that public morality requires resignation,”
The former SC Justice also mentioned regulations concerning the treatment of government officials in the event of their arrest by law enforcement agencies.
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Justice Rastogi also stated,
“Let’s consider the situation within government service. If a government employee remains in custody for 48 hours, there’s no assessment of the reasons for their detention. They’re automatically placed under suspension. Here you’ve been in custody for numerous days, and it’s uncertain how much longer. Just because there’s no specific provision, that doesn’t grant you the authority to prolong this. Therefore, I believe someone must make a decision. Personally, I think that even in the absence of a provision, moral obligation requires taking action.”
Arvind Kejriwal taken into custody by the Enforcement Directorate on March 21 for his alleged involvement in a money laundering case related to the discontinued Delhi excise policy. He will stay in jail until April 15.
The case involves suspected wrongdoing and money laundering linked to the development and implementation of the Delhi Excise Policy 2022, which was later canceled.
The Enforcement Directorate (ED) alleges that the purpose of the “scam” was to assign the wholesale liquor business to private companies, ensuring a 12% profit margin with a 6% kickback. In its initial filing in November 2021, the ED claimed that the policy was intentionally crafted with loopholes to favor leaders of the Aam Aadmi Party (AAP) through cartel formation.
The ED also accuses AAP leaders of receiving kickbacks from a group known as the “South Group.”