In a significant development, the Delhi court has remanded Chief Minister Arvind Kejriwal to judicial custody until March 28 in connection with the excise policy case.
The decision marks a pivotal moment in the legal proceedings surrounding Kejriwal, who has been embroiled in controversy following allegations related to the excise policy.
The courtroom atmosphere was tense as the judge pronounced the verdict, with Kejriwal's legal team closely observing the proceedings. The judicial custody underscores the gravity of the charges leveled against the Chief Minister and signifies a crucial phase in the ongoing investigation.
Kejriwal's incarceration is expected to have far-reaching implications, not only for his political career but also for the broader political landscape of Delhi.
As the excise policy case continues to unfold, all eyes remain on the courtroom, awaiting further developments in this high-profile legal battle.
Arvind Kejriwal's ability to remain Delhi's Chief Minister following his arrest by the Enforcement Directorate in a money laundering case linked to the excise policy has sparked debate among legal experts. Despite his arrest and the denial of protection from coercive action by the Delhi High Court, legal professionals assert that there is no explicit legal prohibition preventing an arrested individual from holding such a position.
Senior advocate Gopal Sankaranarayanan emphasized that according to the law, there is no restriction on a person continuing as Chief Minister after arrest. He explained that under the Representation of the People Act, disqualification only occurs post-conviction. While unconventional, Sankaranarayanan noted it is technically feasible for Kejriwal to operate from jail.
However, Senior advocate Vikas Singh expressed practical concerns, stating that although there is no legal impediment, it would be extremely challenging administratively.
Section 8, clause 3 of the Representation of the People Act specifies the disqualification of a lawmaker only upon conviction and sentencing for two years or more, with further disqualification for an additional six years post-release.
Article 361 of the Constitution grants immunity from arrest and court proceedings only to the President and Governor, leaving the Prime Minister and Chief Minister subject to legal processes.
Despite these legal intricacies, Kejriwal's continuation as Chief Minister remains uncertain, with his party, the Aam Aadmi Party, asserting his intent to maintain his position even if it means governing from jail.
