Arrested Delhi CM Kejriwal passes an order under ED custody violating legal procedures
Supreme Court lawyer Vineet Jindal has written to Delhi Lt. Governor V K Saxena, terming the directions given by Arvind Kejriwal from ED custody as a “gross violation of legal procedures”.
Earlier, Delhi Chief Minister Arvind Kejriwal, who is in the ED’s custody in connection with the excise policy case, issued an order to address water and sewage issues in the national capital.
In the letter, Jindal wrote, “I am compelled to write to you regarding a serious concern that came to light during a press conference held on Sunday. Cabinet Minister Atishi disclosed an order which she claimed to have received from the Chief Minister, Arvind Kejriwal.”
Jindal further wrote that according to Atishi, the order was communicated by Kejriwal while he was in the custody of the Enforcement Directorate (ED).
As per Jindal, Atishi quoted the order, saying: “Arvind Kejriwal has directed me from ED custody that he has come to know that some parts of Delhi are facing water and sewage related issues.”
Jindal said that it is pertinent to note that Kejriwal is currently being questioned by the ED. “Standard legal procedures dictate that any individual, irrespective of his/ her post, even a government official in remand, cannot engage in communication with the outside world without explicit court approval,” wrote Jindal in the letter.
“In Kejriwal’s case, only his spouse and legal counsel have been granted permission to meet him. The Court has not granted any permission to Arvind Kejriwal to communicate any formal order or decisions as CM of Delhi from ED custody,” said Jindal.
“Given these circumstances, if the claims made by Minister Atishi are indeed true, it would imply a gross violation of legal procedures by Kejriwal. Conversely, should the order prove to be fabricated, the claim itself warrants thorough investigation. Both scenarios present a grave concern and underscore the necessity for an immediate and comprehensive inquiry,” he said.
“I hereby urge your esteemed office to initiate an investigation into this matter to ascertain the veracity of the claims and to ensure adherence to legal standards and procedural integrity,” the letter added.
In the midst of discussions regarding his ability to perform duties as the Delhi Chief Minister while in Enforcement Directorate’s custody, Kejriwal has issued an order, his first one from custody.
The directive pertained to the water supply of the national capital, and it was conveyed by the Chief Minister through a memorandum to Delhi Minister Atishi, who oversees the concerned portfolio.
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The constitution is silent of whether a CM can run the government from jail, so was it on the collegium and on EB, but an interpretation was given, why not now?
Killjiwal is testing Indian laws & making mockery of Supreme Court. It is for supreme court to standup & defend itself. When Supreme Court can stand up for Manipur, trust it can do for itself also.