After Arvind Kejriwal's Arrest, AAP Says He Will Remain Delhi CM. But Can He Run Government From Jail?

AAP sources have said Arvind Kejriwal, who has been arrested by the ED, will run the Delhi Government as its CM from the jail. However, is that allowed? Read on to find out what jail rules say.

Arvind Kejriwal Arrested: Delhi CM Arvind Kejriwal's arrest on Thursday evening set the political circles abuzz as he became the first sitting CM to be taken into custody. Earlier this year, Jharkhand CM Hemant Soren had been arrested by the ED, but he had resigned minutes before being placed under arrest. The Aam Aadmi Party, however, said that Kejriwal won't resign and will run the Delhi government from the jail.

Is It Possible To Run A government From Prison?

It is undoubtedly an unprecedented situation. The Constitution provides only the state governors and the President of India protection from arrest. Ministers, including CMs, do not enjoy this protection. In such extraordinary circumstances, Chief Ministers can only be removed from office under sections 8, 8A, 9, 9A, 10, 10A, 11, and 11A of the People's Representation Act, 1951.

The Chief Minister, otherwise, can be removed only if he loses majority in the state assembly or loses a floor test during a no-confidence motion. 

Kejriwal has not been disqualified yet nor has he been convicted. As such, technically, he is not forbidden from running the government from behind bars. The Constitution of India, however, does not specify any procedure to run a government from a prison.

What Do Prison Rules In Delhi Say?

Two of Kejriwal's ministers — Satyendar Jain and Manish Sisodia — had been arrested earlier. They were replaced in the Cabinet and the portfolios were handed over to other MLAs. Kejriwal, however, doesn't hold any portfolio. 

According to sources, prisoners in Delhi (both undertrials and convicts) are allowed to have meetings with outsiders twice a week. The names of the people he would be allowed to meet are specified as soon as the prisoner arrives. The list of people he can meet cannot exceed 10 names.

Only these people can call the prison and book an appointment to meet the prisoner. The appointment is fixed after the jail authority fixes the time. This is usually between 9.30 AM and 12.30 PM.

Only three visitors are allowed at a time to meet the prisoner. The meeting is conducted with an iron grille between the prisoner and the visitors. Only the jail superintendent can specify the meeting place. If the superintendent perceives a threat to a prisoner during the meeting or the prisoner is a VIP, he can make alternative arrangements for the meeting. In the case of a high-security prisoner or a death-row inmate, visitors can meet the accused in his cell or even in the jail superintendent's room.

Sources said that no file can be signed from the jail. If any important file is to be signed, the jail superintendent can do it if he is authorised. But a government is unlikely to be allowed to run from the jail.

Speaking on the AAP's claim that Kejriwal will run the government from prison, a top source from Tihar Jail told ABP News: "There is no provision in the prison manual to run the government from jail. Everything will happen as per the jail manual. These things sound good, but there is no such provision in the jail manual."