Delhi CM arrested, can Kejriwal government now take power from jail, what are the rules of politics.

Rules of politics: Delhi CM arrested, can Kejriwal government now take power from jail, what are the rules of politics.

On Thursday around 7 pm, the Enforcement Directorate (ED) arrested Delhi Chief Minister Arvind Kejriwal. Earlier, Kejriwal was given the 10th summons by the ED. This time Kejriwal's house was searched first and then he was arrested. After this, a dispute started between the ministers in Delhi. Regarding this, Atishi said that Kejriwal is the CM of Delhi and after going to jail, he will remain the CM, will run the government from jail. The question is on what basis 9 summons have been issued to Kejriwal and now even after the arrest, can he run the government from jail?

ED sent 9 summons to Kejriwal.

On 17 November 2021, the Delhi government implemented a new excise policy related to liquor sales. With the implementation of this policy, liquor shops went into private hands. On this, the government claimed that this would end the mafia rule and increase the government's revenue. After this, in July 2022, the then Chief Secretary submitted a report to the Lieutenant Governor VK Saxena regarding the policy related to financial irregularities in the excise policy. On the basis of this report, a CBI inquiry was demanded. On 17 August 2022, the CBI registered a case. In this, Manish Sisodia, 3 retired government officials, 9 businessmen and 2 companies were found accused. Due to this controversy, on 28 July 2022, the Delhi government canceled the new liquor policy.

Even after this, on 22 August 2022, ED also registered a case of money laundering and on 28 February 2023, Manish Sisodia was arrested. On 4 October 2023, Sanjay Singh was arrested after interrogation. Arvind Kejriwal is to be questioned in this case.

Kejriwal did not appear despite 9 summons of ED.

Now when ED sent the first summons to Arvind Kejriwal, Kejriwal wrote in a letter to the Assistant Director in response, 'It is not clear from the summons in what capacity I am being called, that is, in this case you are considering me a witness or a suspect. Are you calling me as the CM of Delhi or as the convener of the Aam Aadmi Party. It seems that this is like a fishing net.'

9 summons in 4 months of ED.

1. Summons on 2 November 2023, not presented, calling it illegal and political.

2. 21 December 2023, did not appear, calling the investigation politically motivated.

 3. Did not appear on 3 January 2024 alleging that he was being stopped from campaigning before the elections.

4. 18 January 2024, did not appear alleging that he was being stopped from campaigning.

5. 2 February 2024 did not appear calling it illegal, politically motivated.

6. 14 February 2024, did not appear calling it illegal, politically motivated.

7. 22 February 2024, did not appear calling it illegal, politically motivated.

8. 4 March 2024, called the summons illegal, but was not ready to answer.

9. 16 March 2024, went to the High Court calling the summons illegal.

Will Kejriwal have to resign after being arrested?

The Public Representatives Act 1951 does not state that if a public representative, Chief Minister or Minister goes to jail, he will have to resign. If an MLA or MP goes to jail, there is no hindrance in government work.

Can the Chief Minister run the government from jail?

 Although there is no rule for running the government from jail, this was told by Chhattisgarh's retired DIG Jail KK Gupta himself because for this, permission of the court is required and if it happens that the court rejects the appeal, then an appeal can be made against it in the higher court, but till now no one has got permission to run the government from jail in the country, including the Delhi CM.

Note: Whenever a person goes to jail, the privileges are lost, this does not include fundamental rights. Be it a minister, CM or councillor, everyone has the same rights inside the jail, but if it is to hold a meeting, then online hearing can be done from the jail, but the government cannot be run.

Can a CM be taken into custody while in office?

Section 135 (A) of the Code of Civil Procedure provides that the Prime Minister, Minister at the Centre, Lok Sabha and Rajya Sabha MPs, CM, members of the Legislative Assembly and Legislative Council are exempted from arrest in civil cases. Although it is possible to arrest any public representative in a criminal case and criminal cases have been registered in this liquor scam, Kejriwal has been arrested legally in this.

Before Delhi CM Kejriwal, Jharkhand Chief Minister Hemant Soren was also taken into custody by the ED for ignoring several ED summons, after which he resigned from the post of CM and was then arrested.