PIL in Delhi HC seeks permission, facilities for CM Kejriwal to govern from jail

New Delhi: A petition has been filed before the Delhi High Court advocating for Chief Minister Arvind Kejriwal's ability to continue governing from judicial custody in the liquor policy case.

Filed by advocate Shrikant Prasad, the PIL petition seeks to facilitate virtual conferencing arrangements for CM Kejriwal to engage with cabinet ministers, ensuring uninterrupted governance.

The PIL also seeks to restrain media houses from sensationalising news about CM Kejriwal's potential resignation and the imposition of President's Rule in the capital.

Moreover, it targets Virendra Sachdeva, BJP Delhi president, alleging that his protests and statements create undue pressure for Kejriwal's resignation, disrupting peace and traffic flow with politically motivated intentions.

Prasad's petition stresses the commendable track record of Delhi's governance, particularly in the education and healthcare sectors over the past seven years. It contends that the present circumstances in the national capital violate fundamental rights under Articles 21, 14, and 19 of the Indian Constitution.

Asserting that neither the Constitution nor any law prohibits ministers, including chief ministers or prime ministers, from governing from jail, Prasad's plea stresses the urgency of the matter, citing the need to ensure continuity in governance for the welfare of the people.

"As the makers of the Constitution were vigilant enough that there might be a situation when the politics of the country will enter into the worst and at that time just to keep the public fundamental rights upheld it is very much required that there is no compulsion or any obligation for resignation, otherwise gravest repercussions may arise by repeating the same modus operandii for making any minister resigned," Prasad says.

The petition urges expedited consideration from the court, citing the exceptional governance of Delhi amidst CM Kejriwal's incarceration, attributed to alleged political motives and false implications in the liquor policy case.

"The Aam Aadmi Party, led by Arvind Kejriwal got a sweeping majority by winning 62 out of 70 seats in the 2020 Delhi Legislative Assembly election. Also in the preceding Delhi Assembly election on 07th Feb 2015, the Aam Aadmi Party, led by Arvind Kejriwal won 67 out of 70 seats with absolute majority. The above ratio shows that governance of Delhi by Shri Arvind Kejriwal is an unprecedented move in india," Prasad's petition says.

The plea stresses the constitutional safeguards and the imperative to maintain governance continuity despite the Chief Minister's legal predicament.