NEW DELHI: Senior AAP leader Atishi on Wednesday, addressing a press conference at the party office, asserted that no constitutional provision bars ‘governance from jail’, citing the Representation of the People Act, 1951 and the Government of NCT of Delhi (GNCTD) Act to support her claims.
The minister was referring to Chief Minister Arvind Kejriwal’s arrest and the BJP opposing his decision to run the city government from jail.
Describing the Centre’s move as a political conspiracy, she said it was done to undermine democratically elected opposition governments using the Enforcement Directorate (ED) to coerce the opposition CMs to resign or face arrest under draconian sections of the PMLA (Prevention of Money Laundering Act).
The BJP, the minister said, is leveraging institutions such as the CBI, ED, and Election Commission to target opposition parties and leaders, particularly Arvind Kejriwal, saying Kejriwal is the only leader Narendra Modi fears and sees as a challenger.
“The Representation of People’s Act, 1951, clearly states about the disqualification of a CM or MLA, a person convicted for an offence and sentenced to two years or above shall be disqualified from the date of such conviction. This does not apply to a person who is only accused and has not been adjudged as guilty by a court of law,” Atishi contended.
“The GNCTD Act also very clear that one cannot continue serving as the Chief Minister if they have lost the majority in the house. In this case, none of these conditions are met, so under what conditions will President rule be imposed?” she questioned.
“First they (BJP) arrest the Chief Minister in a fake case, and then demand resignation disrespecting people’s mandate,” the minister attacked the BJP-ruled Centre. “Otherwise, it is a very simple formula to bring down all the opposition governments. You have the ED in your hands, they don’t require any proof, and leaders don’t get bail when they get arrested under PMLA. So, all opposition Chief Ministers will be arrested under PMLA,” she added.
“And they will be told that you either resign or we will bring down the government and implement President rule,” the Delhi Cabinet Minister added. Atishi further added that the law of the land is very clear. The President’s rule can only be imposed when there is no other choice. Issue of Article 356 has gone to the Supreme Court multiple times and it has repeatedly ruled that President rule can only be implemented only when there is no other choice left for the governance of that state. So if today the President’s rule is imposed, then it is very clear that it is a political vendetta.
“You have the CBI, the ED, the income tax department. You have the State Bank of India. The Election Commission which is removing senior officers in all opposition states, the Home Secretary was changed, the DGP was changed. The AAP has been asking for time from the election commission for the past three days. We have not been given time,” Atishi said. “Delhi police are refusing to give permission for the rally we are having in Ram Leela Maidan,” she added.
Atishi stated that every institution is being used by the BJP to attack the CM. This shows that Kejriwal is the only leader PM Modi is scared of.
‘No disqualification until convicted’
Citing the Representation of People’s Act, 1951, Atishi said, the law states that a person convicted for an offence and sentenced to two years or above shall be disqualified from the date of such conviction. This does not apply to a person who is only accused and has not been adjudged as guilty by a court.