Delhi Chief Minister Arvind Kejriwal was arrested by the Enforcement Directorate (ED) on Thursday after a two-hour questioning in the Delhi excise policy case, a development that kicked up a storm on the national political landscape with many of his colleagues from the I.N.D.IA bloc showing solidarity with him and slamming the Narendra Modi government for allegedly misusing central agencies for political vendetta.
The development is likely to impact the AAP’s performance in the coming Lok Sabha elections as he is the convenor of the party and its chief campaigner. His arrest may also give a handle to NDA to slam the I.N.D.I.A bloc and step up their attacks on the corruption issues. The biggest impact of the development may be felt on Delhi’s 7 and Punjab’s 13 Lok Sabha seats, the two states where the party heads state governments.
Kejriwal joins four other top four party leaders who are in jail in connection with various cases, including the Delhi liquor excise case. Those already in jail include Deputy Minister Manish Sisodia, PWD minister Satyendar Jain and AAP’s Rajya Sabha member Sanjay Singh.
The Delhi CM’s arrest comes within a week of the arrest of Telangana BRS leader K. Kavitha’s in the Delhi liquor scam, after she presented evidence of her alleged bribery of nearly Rs 100 crore to AAP leaders in Delhi.
Soon after the arrest, Kejriwal’s Cabinet colleague Atishi Marlena adopted a combative posture and ruled out his resignation from the Chief Minister’s post after his arrest.
“He is the CM of Delhi, and will remain so. There is no rule that can prevent from functioning as the CM from prison,” said Marlena, amid speculation that Kejriwal’s wife Sunita, a has earlier served in the Income Tax department, or Marlena could be possible successors of Kejriwal if his resignation becomes unavoidable.
An AAP MLA said, “We will set Delhi on fire. There will be riots if he is not released.”
Before questioning Kejriwal, ED officials searched his home and also took control of digital and electronic gadgets. Sources said Kejriwal preferred to remain silent on many questions asked by ED investigators. Earlier, DRI and SFIO had also joined ED investigation into the matter that has spanned over two years.
AAP leaders claimed there was no provision in the Constitution that prevented an arrested CM from continuing to head a government even after his or her arrest. They also ruled out the possibility of Kejriwal emulating former Jharkhand CM Hemant Soren and resigning after his arrest.
However, legal experts said it is not practical to run the government from prison. Official files cannot be sent to prison and Cabinet meetings cannot be held there, they said.
They also cited earlier conventions of sitting CM’s resigning from the post after their arrest or court orders. In 1997, Lalu Yadav had to step down after his conviction in the fodder scam; in 2011 BJP leader and CM B.S. Yeddyurappa resigned after indictment in a corruption case; in 2004 Uma Bharati quit as MD Chief Minister over allegations of nepotism and in 2014 J. Jayalalitha quit as Tamil Nadu CM following conviction in a disproportionate assets case.
Kejriwal, who had an inclination about his possible arrest after he skipped almost a dozen ED summons, had conducted a public survey in Delhi between December 1 and 20 named “Mein Bhi Kejriwal.” During this survey, he had asked Delhiites to respond if they wanted him to continue to operate as the CM from jail or wanted him to resign after his arrest.
While the news of Kejriwal’s arrest infuriated AAP supporters, hundreds of them gathered outside the CM residence in Civil Lines in north Delhi. Dozens of AAP reporters were rounded up by police and the Rapid Action Force who had barricaded the entire area and banned a large assembly of people.
Supporters from Punjab were also reported to have left for Delhi to join protests against Kejriwal’s arrest.
Sambit Patra, BJP spokesman, said, “For the past three years, Kejriwal and his Cabinet leaders were facing questions as to why was their excise policy dumped if it was not fishy. Why were blacklisted liquor companies promoted and how did the AAP government collect higher commission.”
Kejriwal’s arrest evoked support from other INDI bloc parties. Congress leader Priyanka Gandhi said it does not befit the central government to target Kejriwal.
Delhi Congress chief Arvinder Singh Lovely also reached Kejriwal’s residence in the evening and said despite all odds the INDIA bloc will stand behind Kejriwal and the alliance would fight the coming election with bigger force.
The ED team reached his residence for questioning hours after the Delhi High Court refused interim protection to Kejriwal from coercive action in connection with the excise policy case. Denying him interim protection from arrest in the liquor policy case, the Delhi HC ruled that, in this state, it was not inclined to do so.
The court passed down the directive during the hearing on a plea by the AAP supremo, expressing fears of coercive action against him in connection with the excise policy case.
AAP leader Raghav Chadha called the ED’s move a conspiracy to arrest the Delhi Chief Minister just before the Lok Sabha elections.
“Just before the Lok Sabha elections, a big conspiracy is going on to arrest Arvind Kejriwal ji. Kejriwal ji has the blessings of crores of people. The wonderful works done in Delhi and Punjab are being discussed all over the world today. You can arrest Kejriwal’s body but cannot put Kejriwal’s ideology behind bars,” Chadha said in a post on X.