Delhi Lieutenant Governor recommended a probe by the National Investigation Agency (NIA) into allegations of political funding received by Arvind Kejriwal from the “Sikhs For Justice” group.
NEW DELHI: Today (6th May): Delhi Lieutenant Governor VK Saxena recommended the Ministry of Home Affairs initiate a National Investigation Agency (NIA) probe into allegations against Chief Minister Arvind Kejriwal. The allegations suggest that Kejriwal’s political party received funding from the banned terror outfit “Sikhs for Justice.”
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To address the seriousness of these allegations, Saxena has written a letter to the Ministry of Home Affairs, stressing the need for an NIA probe. Considering the gravity of the accusations leveled against the Chief Minister, Saxena emphasizes the requirement for a comprehensive investigation, including forensic examination of the electronic devices presented by the complainants.
The complaint has been lodged by Ashoo Mongia, the National General Secretary of World Hindu Federation India, and supported by Munish Kumar Raizada, a former member of the Aam Aadmi Party. Their collective concern and subsequent complaint have prompted the Lieutenant Governor to take immediate action and recommend an NIA probe.
CURRENT STATUS OF ARVIND KEJRIWAL
DELHI CM & AAP SUPREMO IN TIHAR JAIL
Delhi Chief Minister Arvind Kejriwal has been lodged in Tihar Jail since April 1 after being arrested by the Enforcement Directorate (ED) on charges of corruption and money laundering related to the Delhi government’s now-scrapped excise policy for 2021–22. On May 3, the Supreme Court indicated that it might “consider” granting interim bail to Mr. Kejriwal, given the upcoming Lok Sabha election, as Delhi votes on May 25.
Aam Aadmi Party’s Strategy
Foreseeing his arrest, the Aam Aadmi Party (AAP) in December 2023 ran a “Main Bhi Kejriwal” (I am also Kejriwal) campaign that asked the people of Delhi if Mr. Kejriwal should continue as the Chief Minister of Delhi from jail if arrested. After his arrest, AAP made an unprecedented decision that Mr. Kejriwal would remain the Chief Minister and that he would run the government from behind bars, proclaiming it as the “will of the people of Delhi.”
This decision has led to a peculiar situation in the capital where various administrative decisions have been stalled. For instance, the election to appoint the Mayor and Deputy Mayor of the Municipal Corporation of Delhi (MCD) scheduled for April 26 was postponed after Lieutenant-Governor Vinai Kumar Saxena refused to appoint a presiding officer to conduct the election, saying he “did not deem it appropriate to exercise his power as Administrator to appoint the Presiding Officer in [the] absence of inputs from the Chief Minister.”
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Chief Minister’s Communication
When Mr. Kejriwal was in the custody of the ED from March 21 to April 1, he was sending written instructions to his Ministers regarding uninterrupted water supply and medicine, as well as messages to the public to be read out by his wife, Sunita Kejriwal. However, since being lodged in Tihar Jail, communication has been reduced to media bites from those visiting him. The Tihar Jail Manual stipulates that every interview with a prisoner shall take place in the presence of a prison officer, who shall be positioned where he can see and hear what passes between the prisoner and his interviewer and shall prevent any articles from being passed between the two. Since April 1, apart from his family and lawyers, Mr. Kejriwal has met AAP general secretary Sandeep Pathak, Cabinet Ministers Atishi and Saurabh Bharadwaj, and his Punjab counterpart Bhagwant Mann on two occasions. Mr. Pathak stated that Mr. Kejriwal would meet two Cabinet Ministers every week for 30 minutes each.
Government Functioning
Mr. Kejriwal does not currently hold any portfolios, and there have been no cabinet meetings or Delhi Assembly sessions since his arrest. Individual Ministers have been handling their own departments. The party is focused on its election campaign. While deferring the MCD elections, the LG noted that the circumstances were “peculiar” and “unprecedented,” where the serving Chief Minister “cannot discharge his constitutionally obligated functions.”
The Constitution is silent on whether a person can continue as Chief Minister as a remand prisoner. Section 8(3) of the Representation of People Act of 1951 states that an MLA or MP can be disqualified when convicted and sentenced to at least two years in prison. Mr. Kejriwal has not yet been convicted.
President’s Rule Possibility
President’s Rule can be imposed in Delhi under Article 239AB of the Constitution. Delhi’s power structure balances the elected government and the Central government-appointed LG. If Mr. Kejriwal remains in prison, stalling various administrative work, the LG can recommend to the President, who can invoke Article 239AB, citing “failure of constitutional machinery.” President’s Rule under Article 239AB was imposed in Delhi only once, in 2014, after Mr. Kejriwal’s resignation 49 days into his first tenure as Chief Minister.
Challenges Ahead
In a recent order, the High Court censured the AAP government over non-supply of educational material and other statutory benefits to eight lakh students in MCD-run schools. While noting that it is Mr. Kejriwal’s prerogative whether to continue as the Chief Minister or resign, the High Court stated that national and public interest demands that no person holding this post is incommunicado or absent for an extended period or for an uncertain time.
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Court Orders and Petitions
Following Mr. Kejriwal’s arrest, several individuals approached the High Court demanding his removal from the Chief Minister’s post, claiming breakdown of the constitutional machinery in the capital. The High Court rejected all the petitions, stating there is no scope for judicial intervention in this matter. The court also stated that Article 239AB is not to be invoked by the court, as the decision to go to the President lies with the Governor.
Overall, the situation remains fluid as Mr. Kejriwal continues to govern from jail while facing legal challenges.
