Focus on L-G as Arvind Kejriwal continues to be CM; experts: Any place can be jail
Arvind Kejriwal continued as Delhi chief minister after his arrest, experts said that nothing barred him from remaining CM, though the future course of action would depend on Delhi's lieutenant-governor.
Technically, Kejriwal can continue as CM till he is convicted in a case. However, there are other practicalities in administering a state from custody or jail. 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. Undwrtrials are allowed only specific documents, including court applications and vakalatnamas.
The practical difficulties, however, can be sorted if L-G Vinai Saxena exercises powers under the Prison Act to declare any facility as 'prison'. Former law officer of Tihar Central Jail Sunil Kumar Gupta told ET there have been at least two such precedents when earlier L-Gs exercised the power.
The first was in 2000, when PV Narsimha Rao was sentenced in the JMM bribery case. Gupta said, «the former prime minister was undergoing treatment for several health issues. When the special court convicted him, but reserved the sentencing order, Delhi L-G HKL Kapoor directed me to explore any premises which could be declared as a 'jail' under the Prisons Act. This was done because Mr Rao could not be lodged in Tihar as he was an SPG protectee. After recce, we found an ITBP mess opposite Batra hospital as a suitable premise to be declared as jail.»
