27 Mar 2024  |   05:26am IST

Will Kejriwal’s problems increase?

The Indian National Developmental Inclusive Alliance (INDIA), and specifically the Congress, is trying its best to make the most out of Delhi Chief Minister Arvind Kejriwal’s arrest. With the code of conduct in force, the AAP karyakartas are being arrested. The Goa Police stopped INDIA karyakartas from entering the Azad Maidan at Panjim who were trying to protest the arrest of Kejriwal. But, AAP karyakartas in Delhi strongly protested against the AAP CM’s arrest. The AAP karyakartas also tried to gherao the Prime Minister’s residence, but were stopped around five kilometers away. While the AAP was holding its demonstrations, the BJP karyakartas staged a protest in Delhi demanding Chief Minister Arvind Kejriwal’s resignation. 

The Delhi High Court will hear Kejriwal’s bail application on Wednesday. The AAP karyakartas are eagerly waiting for the hearing. As Kejriwal’s ED custody ends on March 28, his counsel, from day one, is trying to get him bailed out before that. The Supreme Court rejected to hear Kejriwal’s bail application and directed his counsels to approach the lower court. And the lower court - the High Court - declined early hearing on the bail application. Finally, the court will hear the bail application on Wednesday, and it will be clear whether Kejriwal gets relief or not. If he doesn’t get bail, the ED will produce him in the court again on March 28. Given the scope of the liquor scam, and the earlier arrests of Kejriwal's associates Manish Sisodia and Sanjay Singh in the same case, it will be interesting to see what decision the court takes with regards to immediate bail to Arvind Kejriwal. The AAP’s core has already begun to discuss the next course of action if Kejriwal doesn’t get bailed out. 

The AAP leaders have claimed that Kejriwal will remain as Chief Minister even if he remains in jail. However, the agitating BJP has been demanding Kejriwal’s immediate resignation. Now the question arises whether Kejriwal can continue to run the state as Chief Minister despite being in the ED custody. Actually, after he was given a six-day remand, one the very next day - on Sunday, Kejriwal issued an order as the CM. AAP leader Atishi said that the CM has given an order to engage enough tankers to the drought affected areas. On Kejriwal’s second decision cum order, Delhi’s Health Minister Saurabh Bhardwaj said that the CM despite being in ED custody, has asked to ensure that all government clinics and Mohalla clinics have sufficient medicines and tests available. The ED is trying to testify to the authenticity of the orders. However, as per AAPs claims it seems like Kejriwal is monitoring Delhi's administration. But, if Kejriwal’s custody is extended, is it feasible for him to run the administration from there? Since Kejriwal is still the Chief Minister, he can officially do so. 

As per the experts, he cannot be forced to resign until the allegations are proved. But if he wants to continue with his work from custody, he must be provided with necessary facilities. There are several restrictions in custody. The visiting hours are defined. Hence, the court’s permission is required. This may not seem feasible. The CM must hold a cabinet meeting, meet the officials. And most importantly, the court’s permission will be required every time. It is his constitutional right to ask for permission. If Kejriwal continues to do so, is there a possibility of President’s Rule in Delhi? The experts think that Kejriwal is an elected Chief Minister and he has the right to govern. The also pointed out that the Lt Governor cannot recommend President's Rule. Hence, it will be interesting to see what transpires in the near future. Kejriwal is the sole CM who has been arrested. 

Kejriwal has termed his arrest as illegal, and it will be interesting to see the submissions he makes to prove his point. The ED had accused and mentioned Kejriwal as the kingpin in the scam. It is clear that the ED will fight to get more custody and see that Kejriwal doesn’t get bail. Assuming that Kejriwal will not get bail, INDIA has already warned of an agitation at Ramlila Maidan on March 31. Senior Congress leaders are expected to partake in the agitation. Hence, the arrest of Kejriwal has become a part of INDIA’s election campaign agenda. Whether this will have an impact on the first phase of voting on April 19 will be known only after June 4.


IDhar UDHAR

Iddhar Udhar