The General Administration Department (GAD) on Monday said that Delhi Chief Minister Arvind Kejriwal’s—who is in jail in a corruption case—direction for AAP minister Atishi to hoist the national flag during the Independence Day event is "legally invalid and cannot be acted upon".
Earlier on Monday, GAD minister Gopal Rai directed the department to make arrangements for his colleague Atishi to hoist the national flag on Independence Day. The directions were issued after Rai met with Delhi Chief Minister Kejriwal, who is still lodged in Tihar Jail, in connection with the Delhi excise policy scam.
Responding to Rai's communication, GAD additional chief secretary Navin Kumar Chaudhary said the CM's direction is "legally invalid and cannot be acted upon".
The GAD officer said the chief minister's communication to Lt Governor VK Saxena on August 6 in this regard was "not permissible" according to the prison rules.
“It is absolutely clear that the above communication (Minister Letter) does not qualify in the permissible communication which can be sent outside prison…Any communication, written or oral, in contravention of the rules quoted above, is not legally valid and therefore cannot be acted upon,” the additional chief secretary wrote.
“There are detailed laid down provisions for celebrating them as per the stature they deserve. Any deviations thereto or subjugation thereof will not only undermine the sanctity associated with them but may also amount to statutory illegality,” the letter added.
Chaudhary said preparations for the Delhi government's Independence Day function were underway at its regular Chhatrasal Stadium venue. As the CM is in judicial custody and not available to hoist the flag, the matter has been communicated to the "higher authority", and a directive is awaited, he added.
Last week the Delhi Chief Minister, in a letter to the LG, said that Atishi would hoist the Tricolour. However, the LG office maintained that they did not receive any communication from the Chief Minister.
The Tihar Jail authorities informed Kejriwal that his letter to Delhi LG was "an abuse of privileges" granted to him under the Delhi Prison Rules and, therefore, it was not sent to the addressee.
