Should Arvind Kejriwal continue as Delhi CM? Former SC judge Justice Ajay Rastogi says ’public morality demands...’

Referring to Delhi Chief Minister Arvind Kejriwal still holding the office, former Supreme Court judge Justice Ajay Rastogi on Tuesday suggested that it is not good for a person in custody to continue holding the post. 

Kejriwal is facing demands of resignation following his arrest by the Enforcement Directorate in the Delhi excise policy case.

Talking to news agency ANI, Rastogi said it is “public morality” that demands that Kejriwal quits his post. 

“...You are holding a high office of a chief minister, and it is a public office. If you are in custody, I feel that it is not good for a person in custody to continue in office. The public morality demands that one must quit,” he said citing examples of J Jayalalithaa, Lalu Prasad Yadav and Hemant Soren. 

The Justice said there are many restrictions under the Delhi Prison rules and every paper has to route through the Superintendent of Jails who examines it and "only with his permission you can sign".

"You can't take any paper to the sitting chief minister in custody and get him signed...I am very firm in my view that the public morality demands it (resignation)." 

Justice Rastogi said that sections 8 and 9 are there for the disqualification in the Representation of the People's Act. "That also deals with disqualification, the count of qualification, and a certain other nature of disqualifications." 

"...If these are restrictions which law farmers have put in place, I think it is high time the person has to take a call whether it is befitting for me to continue in office while in custody," he said.

He also referred to the rules relating to government servants in case of arrest by law enforcement agencies and said if a government employee is in custody for 48 hours, nobody is going to examine the merits of his custody...He is deemed under suspension.

“Here you are in custody for so many days and god knows how long. Merely because there is no provision, that doesn't give you the authority to continue,” he said adding that somebody must have to take a call. "I am personally of the view that even if there is no provision, morality demands for taking action." 

On March 21, the probing agency arrested Kejriwal in an alleged money laundering case linked to the now-scraped Delhi excise policy case. He has been sent to judicial custody until April 15.

Also read: Arvind Kejriwal news LIVE

The BJP has been demanding the Delhi Chief Minister's resignation on moral grounds following his arrest.

The case pertains to alleged irregularities and money laundering in framing and implementing the Delhi Excise Policy 2022, which was later scrapped.