Prez Rule in city? LG says govt won’t be run from jail | India News

NEW DELHI: Lieutenant governor Vinai Kumar Saxena on Wednesday said the govt in Delhi would not be run from jail, hinting at a possible imposition of President’s Rule if Aam Aadmi Party insisted that Arvind Kejriwal would continue to remain chief minister despite his arrest by Enforcement Directorate in the excise policy case.
Saxena was speaking at Times Now Summit 2024 when he was asked about the current political situation in the capital.”I can assure the people of Delhi that the govt will not run from jail,” Saxena replied.
Kejriwal was arrested on March 21 in an alleged money laundering case linked to Delhi govt’s excise policy, which was implemented in Nov 2021 but was withdrawn within nine months following complaints of irregularities. Calling the case “fabricated” and “without a shred of evidence”, AAP has maintained that Kejriwal would continue to run the govt from inside jail.

Saxena said compared with other major capital cities, Delhi lagged behind because of some “legacy issues”, but concerted efforts were made in the past two years to make it a “truly global and inclusive destination” and achieve the goal of Viksit Bharat.

Delhi situation doesn’t call for President’s Rule: AAP
Amid noises that Delhi may witness President’s Rule if AAP govt persisted with Arvind Kejriwal as chief minister despite his arrest in the excise policy case, minister Atishi claimed there was no provision in Representation of the People Act, 1951 and Government of NCT of Delhi Act that barred governance from jail.

“Representation of the People Act, 1951, clearly states about the disqualification of a chief minister or a legislator. A person convicted of an offence and sentenced to two years or above shall be disqualified from the date of such conviction. This does not apply to a person who is only accused and has not been adjudged as guilty by a court of law,” said Atishi.
“GNCTD Act is also very clear that one cannot continue serving as chief minister if he has lost the majority in the House. In this case, none of these conditions are met. Under what conditions will President’s Rule be imposed?” she asked.
The principle of “presumption of innocence until proven guilty” mandates that mere arrest can’t be the basis of the removal of a constitutional functionary and that’s why disqualification only takes place upon conviction, the minister pointed out.
Atishi added that first Kejriwal was arrested in a fake case and then his resignation was demanded disrespecting people’s mandate. “And if one doesn’t resign, you threaten to impose President’s Rule. This is a political conspiracy.”
Atishi said the law of the land was very clear and President’s Rule could only be proclaimed when no other option was left. She said the issue of Article 356 – imposition of President’s Rule in states – has gone to Supreme Court multiple times. “If President’s Rule is imposed in Delhi today, it will be very clear that it is a political vendetta,” she said.
The minister said Kejriwal commanded the support of an overwhelming majority of Delhi’s legislators, which gave him the constitutional and moral authority to run govt.
Atishi alleged Centre had been using central agencies such as CBI, ED and income-tax department to attack Aam Aadmi Party.

She also said President might exercise the power enshrined under Article 239AB only if she was satisfied that a situation had arisen in which the administration of Delhi couldn’t be carried on in accordance with GNCTD Act, or it was “necessary or expedient” to exercise the power “for the proper administration of National Capital Territory”. “But neither condition is met in this case,” she claimed.
Delhi BJP spokesperson Praveen Shankar Kapoor, however, said Kejriwal’s continuance as chief minister was “neither morally good nor legally appropriate”. “Above all, it does not reflect good on Delhiites. People feel ashamed that the conduct of their CM is most anarchic,” Kapoor claimed.