The Aam Aadmi Party (AAP) has announced plans for a "gherao" of Prime Minister Narendra Modi's residence to protest the arrest of Delhi Chief Minister Arvind Kejriwal. In response, the BJP has organised a counter-protest calling for the resignation of Kejriwal.
Under the leadership of Delhi BJP chief Virendra Sachdeva, the march will move from the Feroz Shah Kotla Stadium to the Delhi Secretariat.
Kejriwal giving orders from jail
Kejriwal has been sent to the custody of the Enforcement Directorate until March 28. In his first “order” on March 24, Kejriwal asked Water Minister Atishi to resolve water and sewer-related issues in various parts of the national capital. Then, on March 26, the CM issued another directive concerning the health department.
Also read: Kejriwal’s arrest won't derail welfare schemes and subsidies: Delhi government
“Delhi CM is worried about the health care of the state. He is worried that because he is jailed, the people of Delhi should not suffer because of it... The CM has received information that people are facing difficulties in the tests carried out at the Mohalla clinics. He has directed me to take steps to resolve this... I want to assure the people of Delhi that even if your CM is in jail, he is only thinking about you," Delhi health minister Saurabh Bharadwaj said during a press conference.
Why does the BJP wants Kejriwal to resign?
The BJP criticised Kejriwal's "work from jail" plan as a sham.. “Delhi CM Arvind Kejriwal is in jail. Therefore, he should resign morally and give his responsibility to someone else. Arvind Kejriwal still holding his position shows that he is greedy and does not want to leave his chair because of his insecurity," said BJP MP Harsh Vardhan.
BJP MP from Delhi Manoj Tiwari also said “gangs, and not governments, are running from inside the prison”.
Can Kejriwal run his office from jail?
There is no law that prohibits Kejriwal from doing so. According to the law, a CM can only be disqualified or removed from office when convicted in any case. As Kejriwal has not been convicted yet, he is legally entitled to continue his duties as CM.
The Representation of People Act (RP Act), 1951, deals with elections, qualification and disqualification of lawmakers. According to the Act, an MP or an MLA stands disqualified, if he/she is convicted of an offence. Satyendar Jain and Manish Sisodia continued to be ministers even after their arrests.
Meanwhile, L-G VK Saxena can involve the President of India seeking to suspend the operation of Article 239 AA, the Constitutional provision dealing with the National Capital Territory of Delhi.
According to experts, running the office from the prison may not be a feasible option for Kejriwal. “He (Kejriwal) cannot come out of the jail at his beck and call to monitor the affairs of the House. Coming out of custody will depend on the jail rules and court orders. This will create a big problem,” senior advocate and constitutional expert Rakesh Dwivedi told Moneycontrol.
Delhi CM Arvind Kejriwal’s wife Sunita will be present at the INDIA bloc’s protest against the AAP chief’s arrest at Ram Leela Maidan on March 31.
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