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KEJRIWAL'S ARREST RAISES QUESTIONS ON GOVERNANCE FROM JAIL
The Daily Guardian
|March 23, 2024
The biggest arrest made by ED in Delhi liquor scam has created a stir across the country.
Arvind Kejriwal is the only politician in the history of independent India who has been arrested while being a Chief Minister. He has not resigned yet. His party leaders and ministers are saying that Kejriwal will run the government from jail but will not resign. We talked to some well-known constitutional expert-lawyers of the country on the awkward situation that has arisen in Delhi.
FORMER SC JUDGE SANTOSH KUMAR HEGDE
On the current crisis arising in Delhi, former Supreme Court judge Santosh Kumar Hegde told a media house - I am completely disappointed.
I thought that the Aam Aadmi Party (after coming to power) would maintain administrative impartiality which is not the case. And this is indicative of the fact that power corrupts and absolute power corrupts absolutely." "Parties in the opposition allege that the ruling party is doing this only to destroy the opposition, I do not believe it.
Yes, they are doing this selectively. But it is not a crime at all. Because it is a criminal in jurisprudence, there is no Article 14.... And one day when they come to power, they will go against BJP. So, ultimately there will be complete justice, right? At least 50 percent justice is being done now."
CONSTITUTIONAL EXPERT ASHWANI DUBEY
Senior advocate Ashwani Kumar Dubey, an expert in constitutional matters, says that despite being arrested and jailed, there is no constitutional obstacle to Arvind Kejriwal continuing as Chief Minister.
Because he is the Chief Minister of an elected government and under the RP Act 1951, he can continue in his post until any public representative is punished. Jail manuals can become a hindrance in running the government and taking cabinet decisions while in jail.
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