New Delhi: Delhi Chief Minister Arvind Kejriwal wants Manish Sisodia, who walked out on bail last week in the excise policy case after 17 months, to return to his role as deputy chief minister, prompting the AAP to explore legal options to ensure Sisodia’s reinduction into the Cabinet, ThePrint has learnt.
The need to look for legal options has arisen because Sisodia’s reinduction into the Cabinet cannot take place unless Kejriwal, in his capacity as the CM, moves a proposal to Lt Governor Vinai Kumar Saxena, whose nod is essential for the swearing in of any new minister in the Delhi administration.
And since Kejriwal is in jail in connection with the excise case, he cannot do this unless he obtains judicial approval to do so. “The CM is quite certain that he wants Manish Sisodia to take charge as the deputy CM immediately. But the legal roadblocks are what we need to surmount. For that the party is exploring the legal options available,” a senior AAP leader said.
“Under the Tihar Jail manual, no inmate, not even a sitting chief minister, can discharge official duties while being inside. It can be done only if an inmate moves the judiciary and gets the required permission. So far, the CM has not obtained any such permission from the courts. But, technically, he is not barred from appointing ministers as he has not resigned from his post. So, it’s possible if the jail manual does not come in the way,” the leader added, speaking on the condition of anonymity.
But going by the circumstances, it’s an uphill road ahead for the AAP, admitted the leader. He pointed out that on Monday, the superintendent of Tihar’s jail number 2 wrote to Kejriwal saying that the CM’s letter to the L-G, in which he informed that minister Atishi would hoist the tricolour on Independence Day, amounted to an “abuse of privilege”.
“From a bare reading of the above rules, it is clear that your communication does not qualify in the permissible communication which can be sent outside the prison. Only private correspondence with a designated set of people, as defined above, is permissible. Therefore, your letter dated 06.08.2024 has not been sent to the addressee but has been filed.
“It is surprising to note that the contents of the letter, which was handed over by you on August 6, were leaked to the media without any authority. This amounts to an abuse of privileges granted to you under the Delhi Prison Rules, 2018,” the letter to Kejriwal said. ThePrint has seen this letter.
The Tihar authorities added that they will be “constrained to invoke the provisions of Delhi Prison Rules, 2018, to curtail (his) privileges” if Kejriwal violates the rules again. Under Rule 588, contents of all letters written by prisoners shall be limited to private matters.
On Monday, Delhi General Administration Department Minister Gopal Rai also wrote to the LG, saying the CM has expressed his desire that Atishi should hoist the flag on 15 August in his place. Rai is the convenor of the AAP’s Delhi unit and is a close confidante of both Kejriwal and Sisodia.
