Earlier, GAD Minister Gopal Rai had instructed the department to make arrangements for Atishi to hoist the flag on Independence Day. These directions were issued following a meeting between Rai and Kejriwal, who remains in Tihar Jail in connection with the Delhi excise policy scam.
The General Administration Department (GAD) has declared that the direction given by Delhi Chief Minister Arvind Kejriwal, who is currently in jail on corruption charges, for AAP Minister Atishi to hoist the national flag during the Independence Day event is "legally invalid and cannot be acted upon."
Earlier, GAD Minister Gopal Rai had instructed the department to make arrangements for Atishi to hoist the flag on Independence Day. These directions were issued following a meeting between Rai and Kejriwal, who remains in Tihar Jail in connection with the Delhi excise policy scam.
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In response, GAD Additional Chief Secretary Navin Kumar Chaudhary said that the Chief Minister's instruction was "legally invalid" and non-compliant with prison regulations. He clarified that the communication sent to Lt Governor VK Saxena on August 6 was "not permissible" under 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," Chaudhary wrote in his response.
He stressed that the protocols for celebrating national events are governed by strict provisions, and any deviations could not only undermine the sanctity of these events but may also amount to statutory illegality.
Chaudhary further said that preparations for the Delhi government's Independence Day function were underway at Chhatrasal Stadium, as usual. Given that the Chief Minister is in judicial custody and unavailable to hoist the flag, the matter has been escalated to higher authorities, and a directive is awaited.
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Last week, Kejriwal wrote a letter to the Lt Governor, nominating Atishi to hoist the Tricolour. However, the LG's office claimed they had not received any such communication. The Tihar Jail authorities also informed Kejriwal that his letter was "an abuse of privileges" granted under the Delhi Prison Rules and, therefore, was not forwarded to the addressee.