“Arvind Kejriwal Makes History: First Chief Minister to Govern from Tihar Jail” – Can he continue?

Arvind Kejriwal, the Chief Minister of Delhi, has been sent to Tihar Jail after his custody with the Enforcement Directorate (ED) came to an end. This makes him the first Chief Minister to run a government from behind bars. The ED has set a 15-day judicial custody for Kejriwal, with the possibility of seeking further custody in the future due to the ongoing investigations. Kejriwal’s non-cooperative behavior during custody and evasive replies have been cited by the ED. In Tihar jail, Kejriwal has been kept in solitary confinement under constant CCTV surveillance in Jail number 2, with limited privileges.

Kejriwal’s Court Appearance and Jail Conditions:

Kejriwal was produced in the court of special judge Kaveri Baweja, where the ED requested judicial custody. The court granted the request, and Kejriwal was sent to Tihar Jail. He will be kept in jail number two, which was vacated for him. However, he will not be able to carry out any official work or hold cabinet meetings. Other ministers and former deputy chief ministers of the Aam Aadmi Party (AAP) are also currently in Tihar Jail.

Applications and Reactions:

During the court appearance, Kejriwal’s council moved three applications. One was to allow him to carry his medicines inside, and the second was to allow him to carry three books: the Bhagavad Gita, Ramayana, and “How Prime Minister Decides” by Neerja Choudhary. The AAP and Kejriwal’s supporters have criticised his arrest, calling it symbolic of the prevailing dictatorship in the country. They argue that the people will ultimately respond during the Upcoming Loksabha election.

Government Functioning and Political Acquisitions:

With Kejriwal’s arrest, the question arises of how the government of Delhi will continue to function. Currently, four members of the AAP are in jail, including Kejriwal. The BJP has been accused of trying to put AAP leaders in jail before the upcoming elections. However, the BJP argues that Kejriwal’s arrest is based on evidence provided by the ED, and they question why Kejriwal did not respond to the nine notices and summons. The other Minister “Atishi Marlena” “Kailash Gehlot” and “Saurabh Bharadwaj” is also under the radar of Govt machinery

10 Special Features of Aam Aadmi Party

1. Entered politics in the year 2012 to end Corruption, but accused of “Various corruption.”
2. Entered politics, highlighting the corruption of the Indian National Congress Party but ended up joining hands with them.
3. Entered politics to end corruption in all departments of Delhi but was accused of corruption charges in almost all departments of Delhi.
4. The Fastest Party to attain “National Party status” but now the Fastest Party to be “Under the Crisis” of losing the Party status (Supreme Court Questions ED on 5 Oct 2023, “Why AAP Party has not been named as an Accused?”  (“If a political party is the beneficiary of money laundering, why are they not accused- A bench of justices made this remark during the hearing of a bail plea for jailed Manish Sisodia)
5. Started with the theme of “Kattar Imandar” and was accused of “Kattar Beimaan. Believed in exposing corruption but ended up believing in Corruption.
6. Only Political Party, whose political headquarters at Rouse Avenue is built on Land Allotted to Delhi HC. (Supreme Court observed that AAP has no legal right to continue its office on the land allocated to delhi HC and gave the party,time till June 15 to vacate the property)
7. Only Party wherein the “Jail Minister” (Mr Satyendar Kumar Jain) ended up in Jail under the Benami Transaction (Prohibition) Amendment Act.
8. Only Party wherein the “Chief Minister” (Mr Arvind Kejriwal) ended up in Jail under the Prevention of Money Laundering Act, 2002, in connection with a money laundering case related to a liquor scam.
9. Only Party wherein “Deputy Chief Minister” (Mr Manish Sisodia) ended up in Jail under the Prevention of Money Laundering Act, 2002, in connection with a money laundering case related to a liquor scam.
10. Only Party wherein the “Law Minister” (Mr Jitender Singh Tomar) was found to be having Fake Law Degree.

Arvind Kejriwal’s arrest and subsequent imprisonment in Tihar Jail have raised questions about the functioning of the Delhi government. While the AAP and its supporters claim political vendetta, the BJP argues that the arrest is based on evidence provided by the ED. In all previous scenarios, all chief ministers (eg Mr Hemant Soren- CM of Jharkhand, Mr Lalu Prasad Yadav- CM of Bihar) have resigned from their posts under “Moral Grounds” unlike Delhi CM, Arvind Kejriwal. The coming days will reveal how the government of Delhi continues to operate in Kejriwal’s absence and how the political landscape unfolds in the run-up to the elections. LG of Delhi is exploring the various Legal aspects and Soon Delhi CM may have to resign from his post.