PIL In Delhi High Court To Allow CM Arvind Kejriwal To Run Govt From Jail, Restrain Media From Airing Sensational Headlines

A public interest litigation has been filed before the Delhi High Court for allowing Chief Minister Arvind Kejriwal, who is in judicial custody in the liquor policy case, to run the government from jail.

The plea moved by Shrikant Prasad, an advocate by profession, seeks for necessary arrangements for Kejriwal to interact with cabinet ministers through virtual conferencing.

It seeks to restrain the media houses from creating “pressure and airing sensational headlines” regarding Kejriwal's resignation and imposition of President Rule in the national capital.

The PIL also seeks to restrain Virendra Sachdeva, BJP Delhi president, from making any “undue pressure” by protest or statement by “illegal means” for Kejriwal's resignation and to initiate action against him for gathering “illegal assembly” for protest at DDU marg on April 10.

It alleges that Sachdeva is arranging “tremendous pressure” by holding mass level protest and affecting traffic and peace with “politically motivated malafides.”

The petition submits that the governance of Delhi since last 7 years has an excellent track record, in the education and health sector.

It adds that the present situation of the national capital is an “extreme denial of fundamental right violations of delhi people” under Articles 21 ,14 and 19 of the Constitution of India.

The PIL states that neither the Constitution of Indian nor any law has prohibited any ministers including, chief minister or prime minister, from running the government from jail.

The petitioner, Shrikant Prasad, has said that he is approaching the court on behalf of the poor and marginalized people of Delhi who are getting benefit from Delhi Government schemes but are not aware of their rights.

“Petitioner is a citizen of this country ,and he is aggrieved with the non functionary of delhi government because the honble chief minister is in Tihar prison complex jail In judicial custody due to political malafides and virtual false implication in delhi liquor policy case but considering the best governance of delhi in the country in terms of education,health etc and due to constitutional safeguards we pray for urgent hearing of this petition seeking permission to run government from jail and therefore the urgency to list the matter as soon as possible,” the urgent application annexed with the petition reads.

Kejriwal was arrested by the Enforcement Directorate (ED) on the night of March 21. His judicial custody is expiring on April 23.

On April 10, the Delhi High Court dismissed Kejriwal's plea challenging his arrest, observing that ED was able to place enough material, statements of approvers and AAP's own candidate stating that Kejriwal was given money for Goa elections.

The Delhi Chief Minister has challenged the said order of the Delhi High Court bench of Justice Swarana Kanta Sharma before the Top Court. The Supreme Court has issues notice on the plea but refused to grant any interim relief.

AAP leaders Manish Sisodia and Sanjay Singh are also accused in the case. While Sisodia continues to remain in jail, Singh was recently granted bail by the Supreme Court pursuant to a concession given by the ED.

ED has alleged that Arvind Kejriwal is the "kingpin" of Delhi excise scam and is directly involved in the use of proceeds of crime accounting to over Rs. 100 crores.

It is ED's case that the excise policy was implemented as part of a conspiracy to give wholesale business profit of 12 percent to certain private companies, although such a stipulation was not mentioned in the minutes of meetings of Group of Ministers (GoM).

The Central agency has also claimed that there was a conspiracy that was coordinated by Vijay Nair and other individuals along with South Group to give extraordinary profit margins to wholesalers.

Nair was acting on behalf of Chief Minister Arvind Kejriwal and Manish Sisodia, according to the agency.

Title: SHRIKANT PRASAD v. GOVT OF N.C.T OF DELHI AND ORS