CM Kejriwal’s ‘Tall’ Order from ED Custody: Governing Delhi from Jail Amid AAP-Roar

Three days after his arrest, Delhi Chief Minister and Aam Aadmi Party (AAP) chief Arvind Kejriwal sent his first order for the government, for minister Atishi’s water department, from the custody of the Enforcement Directorate (ED) on Saturday. The order on the official letterhead, sources indicated, was sent through Kejriwal’s legal team.

“Arvind Kejriwal ji has sent instructions for the water minister, that is me, while in ED custody. I have come to know that some areas in Delhi are facing water and sewerage issues. I am worried about it. I am in jail, however, the people of Delhi should not suffer. Summer is coming. Make arrangements for adequate number of tankers wherever there is shortage of water. Issue appropriate orders to the chief secretary and other officers, so that people don’t suffer. People’s problems must be resolved quickly. If necessary, take the help of the Lieutenant Governor. He will surely help you,” said Atishi, reading out the note. “When I received these directions yesterday, I had tears in my eyes.”

The AAP minister stressed that even though Kejriwal was arrested on March 21 and is in the custody of the ED, the work in Delhi will not stop. “He has run the Delhi government like a son, a brother, a father…This is the reason, despite being in such a difficult position, he is thinking of his family, that is the people of Delhi,” said Atishi.

KEJRIWAL STILL IN CHARGE

The move coming on the heels of his seven-day ED custody is significant as Kejriwal clearly signals that he is still in-charge of Delhi and is holding office and discharging his duties from jail.

The AAP has already asserted multiple times that Kejriwal will not resign and will continue to govern Delhi from jail. When asked about the multiple challenges this position may spark, including whether the chief minister will be allowed to hold meetings or sign on cabinet papers, Atishi had said, “We will seek permission of the court, if necessary.”

Punjab Chief Minister Bhagwant Mann indirectly referred to the Subrato Roy Sahara chit fund case, where Roy was pronounced guilty and jailed, yet was allowed to discharge part of his duties from inside Tihar jail. “Law does not state that a Chief Minister, who is accused but not convicted, must resign. The government can run from jail. It is clear. In a particular case related to a chit fund scam, the person was pronounced guilty of swindling Rs 20,000 crore. He was asked to return the money to the people. He had said, “How can I do that? I have to sign papers.” After that, he was allowed to carry out his work in jail, have an office in jail. He was convicted. We are just the accused.”

While the jail manual has clear dos and don’ts for undertrials and convicts, wherein freedom is restricted, the AAP, as it has announced, will seek the court’s nod for it.

Meanwhile, Kejriwal has already moved the HC, challenging his arrest and custody and seeking immediate release. Turning down the AAP’s plea for an urgent hearing, the High Court is set to hear the case on March 27.

BALANCE OF POWER

“If necessary, take the help of the Lieutenant Governor. I am sure he will help you,” is how Kejriwal ended his first official note while in custody.

The balance of power in Delhi’s administration has shifted to the office of the Lieutenant Governor after the Government of National Capital Territory of Delhi (Amendment) Bill, 2023, was passed.

Relations between the chief minister and the Lieutenant Governor have been uneasy. The Delhi Assembly’s budget session is still on. The Assembly had passed a trust vote on February 17. According to rules, another trust vote cannot be brought in before six months. Kejriwal is the first sitting chief minister who did not resign upon being served an arrest warrant, unlike Lalu Yadav or Hemant Soren, creating an unprecedented situation. The Opposition Bharatiya Janata Party (BJP) took to the streets and burned effigies of the chief minister, demanding his resignation.

Battle lines have hardened — all eyes are on the courts, ED and LG. Will Kejriwal have his way in ruling Delhi while in jail?