No constitutional provision bars governance from jail: Atishi

Tribune News Service

New Delhi, March 27

Delhi Cabinet Minister Atishi on Wednesday said there is no constitutional provision that bars governance from jail.

She said it was a political conspiracy of the BJP-led Central Government to undermine democratically elected governments of parties, which are in the Opposition in the Centre, using the Enforcement Directorate (ED). She alleged Chief Ministers of such parties were being coerced into resigning or were facing arrest under draconian sections of the Prevention of Money Laundering Act (PMLA).

Atishi said, “The Representation of People’s Act, 1951, states that a CM or legislator convicted for an offense and sentenced to a jail term of two years or above shall be disqualified from the date of such conviction. However, this does not apply to an accused, who has not been adjudged as guilty by a court of law.”

She added that the GNCTD Act was also clear that one could not continue serving as the CM if they have lost the majority in the House. But in this case, none of these conditions are met, so under what conditions will the President Rule be imposed, she asked.

“First the BJP arrests the CM in a fake case, and then demand resignation, disrespecting people’s mandate. And if one does not resign, the BJP threatens to impose the President’s Rule,” she said.

Atishi asserted that the President’s rule could only be imposed when there was no other choice. In cases related to Article 356, the Supreme Court has repeatedly ruled that the President’s Rule could only be implemented when there is no other choice left for the governance of that state, she said.

She stated, “This shows that there is only one leader who PM Narendra Modi is scared of, who he regards as a challenger. That leader is Arvind Kejriwal.”

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