New Delhi: As Arvind Kejriwal, who was remanded to six days of Enforcement Directorate’s custody on Friday in the Delhi excise policy scam case, digs in his heels by staying put as Delhi chief minister, the Centre is keenly watching the unfolding situation in the light of AAP‘s insistence that the party boss would continue to run the government from prison.
A chief minister is required to be available for signing of official files as well as convening and chairing Cabinet meetings. Even though Kejriwal has been particular not to sign files, he remains the head of the government and presides over the meetings of the Cabinet. When not present or not able to discharge functions, the incumbent names a second-in-command who stands in for him for the period concerned. Though given the advancement in technology, a prime minister or chief minister is always available virtually to carry out his official duties even when not physically present, the option does not apply in case of Kejriwal since he is incarcerated.
Also, prison rules in Delhi restrict facilities available to an undertrial to legal defence, interviews with lawyers of family members for legal purposes and signing of only the vakalatnama. This essentially means that an arrested accused chief minister cannot sign any official documents or files or convene a Cabinet meeting.
An observer pointed out that Kejriwal will find it difficult to get bail by citing his official obligations. “Perhaps if he, at a later date, approaches the court seeking relief to sign an official file or convene a meeting of his Cabinet, ED’s lawyers can oppose his plea by citing his past record of not signing official files and rarely calling Cabinet meetings,” he said.
A chief minister is required to be available for signing of official files as well as convening and chairing Cabinet meetings. Even though Kejriwal has been particular not to sign files, he remains the head of the government and presides over the meetings of the Cabinet. When not present or not able to discharge functions, the incumbent names a second-in-command who stands in for him for the period concerned. Though given the advancement in technology, a prime minister or chief minister is always available virtually to carry out his official duties even when not physically present, the option does not apply in case of Kejriwal since he is incarcerated.
Also, prison rules in Delhi restrict facilities available to an undertrial to legal defence, interviews with lawyers of family members for legal purposes and signing of only the vakalatnama. This essentially means that an arrested accused chief minister cannot sign any official documents or files or convene a Cabinet meeting.
An observer pointed out that Kejriwal will find it difficult to get bail by citing his official obligations. “Perhaps if he, at a later date, approaches the court seeking relief to sign an official file or convene a meeting of his Cabinet, ED’s lawyers can oppose his plea by citing his past record of not signing official files and rarely calling Cabinet meetings,” he said.
