Delhi minister and Aam Aadmi Party (AAP) leader Atishi Marlena was right in citing the rule book while defending Delhi Chief Minister Arvind Kejriwal’s decision not to resign even after his arrest in the Delhi excise policy scam case. Her arguments at a media conference on Tuesday were that the party Kejriwal leads enjoys an overwhelming majority in the Delhi Assembly and that he has not yet been convicted in the Delhi excise policy scam case. To substantiate her point further, the AAP leader cited the Representation of People Act which says someone cannot remain a public representative only if he/she has been convicted for a period of more than two years. In this case, the Enforcement Directorate is yet to file a chargesheet and has sought judicial custody to interrogate him, citing “non-cooperation” by Kejriwal.
It’s difficult to counter the points that Marlena has raised, but what she is perhaps forgetting is that there is a question of propriety as well. Hero worship is fine, but should a chief minister who will remain behind bars for the next two weeks at least continue to preside over the administration of the national capital? The period after that also continues to remain uncertain as the Prevention of Money Laundering Act (PMLA), under which Kejriwal has been arrested, makes it difficult to obtain bail. Under the Act, it is for the individual to prove he is not guilty of money laundering, an inversion of the legal principle of a defendant being innocent until proven guilty. The PMLA confers on the ED virtually unchecked powers to arrest, summon, and raid individuals while depriving an accused of his or her basic rights. This may sound fundamentally wrong, but that’s the law till the Supreme Court decides to review the provisions.
Under the circumstances, it would only be proper for the chief minister to step aside till he is granted bail. And it’s not just about taking the high moral ground for the sake of it. It’s obvious that an arrested CM cannot discharge his onerous public duties conscientiously and unhindered from behind bars. Constitutional propriety and salutary parliamentary practice demand that he resigns from office graciously in the best democratic tradition. There are practical difficulties, too. The jail manual lays down specifically that an undertrial is allowed meetings only twice a week. Conducting Cabinet meetings and maintaining secrecy of government files would be difficult if carried to the Tihar Central Jail. Undertrials are allowed only specific documents, including court applications and vakalatnamas. The practical difficulties, however, can be sorted only if Delhi’s Lieutenant Governor exercises powers under the Prison Act to declare any facility as ‘prison’. But that’s most unlikely, given the fractious relationship between the two.
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The larger question therefore is whether the ruling regime at the Centre is being selective and vicious in its approach on corruption in public life. As a result, several alliance partners of the Bharatiya Janata Party, who have significant corruption cases against them, are allowed to roam freely or awarded ministerial and other public office berths. On the contrary, a prominent Opposition leader becomes the first sitting CM in India to have been arrested by an enforcement arm of the government just weeks before parliamentary elections are due. This is certainly not a good advertisement for the vibrancy of Indian democracy. Kejriwal should resign, at least temporarily, but the BJP should also do some deep introspection. Propriety demands both.
Delhi minister and Aam Aadmi Party (AAP) leader Atishi Marlena was right in citing the rule book while defending Delhi Chief Minister Arvind Kejriwal’s decision not to resign even after his arrest in the Delhi excise policy scam case. Her arguments at a media conference on Tuesday were that the party Kejriwal leads enjoys an overwhelming majority in the Delhi Assembly and that he has not yet been convicted in the Delhi excise policy scam case. To substantiate her point further, the AAP leader cited the Representation of People Act which says someone cannot remain a public representative only if he/she has been convicted for a period of more than two years. In this case, the Enforcement Directorate is yet to file a chargesheet and has sought judicial custody to interrogate him, citing “non-cooperation” by Kejriwal.
It’s difficult to counter the points that Marlena has raised, but what she is perhaps forgetting is that there is a question of propriety as well. Hero worship is fine, but should a chief minister who will remain behind bars for the next two weeks at least continue to preside over the administration of the national capital? The period after that also continues to remain uncertain as the Prevention of Money Laundering Act (PMLA), under which Kejriwal has been arrested, makes it difficult to obtain bail. Under the Act, it is for the individual to prove he is not guilty of money laundering, an inversion of the legal principle of a defendant being innocent until proven guilty. The PMLA confers on the ED virtually unchecked powers to arrest, summon, and raid individuals while depriving an accused of his or her basic rights. This may sound fundamentally wrong, but that’s the law till the Supreme Court decides to review the provisions.
Under the circumstances, it would only be proper for the chief minister to step aside till he is granted bail. And it’s not just about taking the high moral ground for the sake of it. It’s obvious that an arrested CM cannot discharge his onerous public duties conscientiously and unhindered from behind bars. Constitutional propriety and salutary parliamentary practice demand that he resigns from office graciously in the best democratic tradition. There are practical difficulties, too. The jail manual lays down specifically that an undertrial is allowed meetings only twice a week. Conducting Cabinet meetings and maintaining secrecy of government files would be difficult if carried to the Tihar Central Jail. Undertrials are allowed only specific documents, including court applications and vakalatnamas. The practical difficulties, however, can be sorted only if Delhi’s Lieutenant Governor exercises powers under the Prison Act to declare any facility as ‘prison’. But that’s most unlikely, given the fractious relationship between the two.
The larger question therefore is whether the ruling regime at the Centre is being selective and vicious in its approach on corruption in public life. As a result, several alliance partners of the Bharatiya Janata Party, who have significant corruption cases against them, are allowed to roam freely or awarded ministerial and other public office berths. On the contrary, a prominent Opposition leader becomes the first sitting CM in India to have been arrested by an enforcement arm of the government just weeks before parliamentary elections are due. This is certainly not a good advertisement for the vibrancy of Indian democracy. Kejriwal should resign, at least temporarily, but the BJP should also do some deep introspection. Propriety demands both.
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A question of propriety
10
1
03.04.2024
Delhi minister and Aam Aadmi Party (AAP) leader Atishi Marlena was right in citing the rule book while defending Delhi Chief Minister Arvind Kejriwal’s decision not to resign even after his arrest in the Delhi excise policy scam case. Her arguments at a media conference on Tuesday were that the party Kejriwal leads enjoys an overwhelming majority in the Delhi Assembly and that he has not yet been convicted in the Delhi excise policy scam case. To substantiate her point further, the AAP leader cited the Representation of People Act which says someone cannot remain a public representative only if he/she has been convicted for a period of more than two years. In this case, the Enforcement Directorate is yet to file a chargesheet and has sought judicial custody to interrogate him, citing “non-cooperation” by Kejriwal.
It’s difficult to counter the points that Marlena has raised, but what she is perhaps forgetting is that there is a question of propriety as well. Hero worship is fine, but should a chief minister who will remain behind bars for the next two weeks at least continue to preside over the administration of the national capital? The period after that also continues to remain uncertain as the Prevention of Money Laundering Act (PMLA), under which Kejriwal has been arrested, makes it difficult to obtain bail. Under the Act, it is for the individual to prove he is not guilty of money laundering, an inversion of the legal principle of a defendant being innocent until proven guilty. The PMLA confers on the ED virtually unchecked powers to arrest, summon, and raid individuals while depriving an accused of his or her basic rights. This may sound fundamentally wrong, but that’s the law till the Supreme Court decides to review the provisions.
Under the circumstances, it would only be proper for the chief minister to step aside till he is granted bail. And it’s not just about taking the high moral ground for the sake of it.........
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