The bail conditions will not impact the working of Arvind Kejriwal as chief minister, sources in the Aam Aadmi Party (AAP) said after the Delhi CM walked out of Tihar Jail on Friday.
The sources said Kejriwal can still sign files which require clearance of the Lieutenant Governor, and he can operate from home or through official channels rather than visiting his office or the Delhi Secretariat. A bulk of decisions in Delhi are taken with the approval of the L-G, they added.
The Supreme Court, while granting bail to Kejriwal in the Enforcement Directorate case earlier this year, put two conditions — “that he shall not visit the Office of the Chief Minister and the Delhi Secretariat; and that he shall not sign official files unless it is required and necessary for obtaining clearance/approval of the Lieutenant Governor of Delhi”.
The apex court, while granting bail to Kejriwal in the CBI case on Thursday, had put the same conditions.
AAP sources said Kejriwal does not hold any portfolio in the Cabinet and hence, does not sign many files in any case, with the relevant ministers doing the needful. They said a majority of decisions in Delhi need clearance or approval from the L-G and hence, there is no problem in Kejriwal signing those files as well.
Also, Kejriwal can operate without going to the CMO or Delhi Secretariat as he will be a part of the official chain of communication on decisions, or can operate from home, AAP sources said.
There is no bar either on Kejriwal attending the proceedings of the Delhi Assembly as the chief minister.
Lawyer Abhishek Manu Singhvi also said there is misinformation going on that Kejriwal cannot sign any files.
“Thursday’s order doesn’t add a comma or a full stop to the order already passed on July 12 in the PMLA case. That order says Kejriwal holds no portfolio. He doesn’t actually sign any files at all. The only category of files he must sign and does sign are the ones which have to go to the Lieutenant Governor,” Singhvi said.
He added: “The Supreme Court order of July 12 made this distinction where it said that Kejriwal can sign all files that have to go to the Lt Governor. The one that are others, his ministers sign. It is political to suggest that he cannot function. All I would say is that an elected chief minister should not be removed using such tactics.”
News18 had earlier reported that Justice Ujjal Bhuyan, in his judgement, said he had “serious reservations” with the clauses that Kejriwal cannot enter the office of the chief minister or sign files, stipulations that have been mentioned in the final order of the two-member bench of Bhuyan and Justice Surya Kant on Thursday.
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