Kejriwal, Atishi or L-G: Who'll hoist flag on Independence Day
What's the story
Delhi Chief Minister Arvind Kejriwal, currently incarcerated in Tihar Jail, has sparked controversy by proposing that Aam Aadmi Party (AAP) leader Atishi hoist the national flag on Independence Day in his place.
This suggestion was conveyed through a letter to Lieutenant Governor VK Saxena.
However, Tihar Jail authorities have termed this as an "abuse of privileges" under the Delhi Prisons Rules, 2018.
Political response
BJP criticizes Kejriwal's proposal
The Bhartiya Janata Party (BJP) has criticized Kejriwal's letter, with Delhi BJP president Virendra Sachdeva stating that only the chief minister can hoist the flag as per national flag protocol.
Sachdeva suggested that if Kejriwal wanted Atishi to hoist the flag, he should resign and make her the CM.
He also pointed out that traditionally, if the chief minister is unable to hoist the flag, then the lieutenant governor of Delhi will do so.
Jail response
Tihar authorities warn Kejriwal against 'impermissible activity'
The superintendent of Tihar's Jail No.2 advised Kejriwal "to desist from any such impermissible activity" or his privileges could be curtailed.
The superintendent's letter to Kejriwal said, "From a bare reading of the above rules, it is clear that your communication does not qualify in the permissible communication which can be sent outside the prison... Therefore, your letter dated August 06, 2024 has not been sent to the addressee but has been filed."
Information leak
Tihar authorities object to media leak of Kejriwal's letter
The Tihar authorities also took exception to the contents of Kejriwal's letter being leaked to the media without any authority.
They described this as an abuse of privileges granted under the Delhi Prison Rules, 2018.
To recall, Kejriwal was arrested by the Enforcement Directorate on March 21 in a case linked to the excise scam.
Despite being granted, he was subsequently arrested by the Central Bureau of Investigation in the same case and has been in Tihar since April 1.
LG response
Lieutenant Governor's office denies receiving communication from Kejriwal
Meanwhile, the lieutenant governor's office has denied receiving any communication from the Delhi chief minister regarding the flag hoisting.
The AAP, however, had formally announced that Cabinet Minister Atishi would hoist the Tricolour in Kejriwal's absence on August 15.
Order
GAD says Atishi can't hoist flag in place of CM
Separately, the General Administration Department said on Tuesday that Atishi cannot hoist the flag in place of Kejriwal.
"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 of GAD, Navin Kumar Chaudhary, wrote.
National days
Events with supreme constitutional sanctity
According to the department, Independence Day and Republic Day are national events with supreme constitutional sanctity.
"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 said.