Arvind Kejriwal’s arrest: Should the court deny relief, does the Delhi chief minister have to step down? SC attorney answers

Arrêt of Arvind Kejriwal: Senior Supreme Court counsel Uttara Babbar said in an exclusive interview with India TV that AAP leader Arvind Kejriwal “does not necessarily need to resign” from his position amid the turmoil brought on by his incarceration in the liquor policy case. As the AAP leaders have emphasised, Kejriwal can administer the Delhi government from prison if the courts do not give him respite. However, the counsel noted that he would need the court’s permission to do so.

In the Excise Policy case, the ED detained Kejriwal on Thursday night. His attorney, Abhishek Manu Singhvi, said that he had withdrawn the plea because it was “necessary as it conflicts with Kejriwal’s ongoing remand proceedings” after he had asked the Supreme Court today for an urgent hearing contesting his detention.

What legal provisions apply to Kejriwal’s possibility of continuing as Delhi CM after his arrest?
The law does not necessarily require Arvind Kejriwal to step down. Per the Representation of the People’s Act, resignation is only required in cases of conviction and sentencing. He is not prohibited from continuing the embargo. It’s unclear how exactly he would be able to do that in practice, Uttara Babbar said in the interview.

In response to a question on whether Kejriwal has the authority to rule from prison, the counsel said that although the jail manuals provide inmates with “restricted rights,” this is still feasible if the court grants permission for certain privileges.

“The prison guidelines state that there is a limited right. Regular access to papers and regular meetings are not supported. However, in this instance, obtaining special rights from the court is also an option. He is able to request privileges from the court in accordance with his needs. She added that he will need to be granted some special rights by the court.

“There is a clause. Determining whether or not he will be able to manage the government in this manner is premature. There is a way to apply for advantages under the law,” the advocate said.

When asked whether Kejriwal’s continued leadership of the Delhi government from behind bars may lead to a standoff between the Centre and the Delhi government, she said, “To anticipate a deadlock, there may be one that will have to be dealt with as it comes.”

Can Delhi LG ask the Centre to step in if governance-related issues get out of control?
In response to a question on whether the Delhi LG might request President’s rule from the Centre in the event that the constitutional process fails, she said, “In the case of constitutional machinery, it will have to be absolutely substantial.” I do not believe that the present state of affairs is such that a democratically elected administration can be overthrown. Furthermore, I don’t think that the balance between the state and the centre could be upset in this circumstance. At this point, the law does not exclude him. That takes place much later.”

Can Kejriwal name Sunita Kejriwal, his wife, as the chief minister of Delhi?
Uttara Babbar questioned if Kejriwal might name his wife as the chief minister of Delhi if he did not get relief, using the example of Lalu Yadav’s appointment of Rabri Devi as the chief minister of Bihar after his incarceration in the fodder scam case. His party has the option to choose the potential chief minister if he is not granted any privileges or protection by the court. It’s really early, and a lot might happen.