Delhi HC On Kejriwal’s Sit-In: "Can't Hold Strike in Someone's House"

Published on 18 Jun 2018 by Shivi

The Delhi High Court is in a strong reprimand for Delhi Chief Minister Arvind Kejriwal observed that his week-long sit-in at the office of the Lieutenant Governor, Anil Baijal, is unwarranted. The court stated that this can't be called a strike as anyone can't go inside someone's office or house and hold a strike there.

An unprecedented protest has been held by Mr. Kejriwal against the Lieutenant governor, who is working in a brazenly partisan fashion and at the instance of Prime Minister Narendra Modi, to prevent the Delhi government from functioning.

The Chief Minister specifically contended that the bureaucrats or IAS officers are refusing to show up to work or working only selectively and the Lieutenant Governor must intervene to change that. The hearing given by the court was based on a petition in which, it was argued that the protest is unconstitutional and that Mr. Kejriwal and his ministers considered themselves above the law and should be ordered to get back to work.

The court ordered that it will take up the case on Friday and also asked for the officers to be included in the petition. Kejriwal told that until Mr. Baijal asks bureaucrats to change their approach, he will not leave the waiting room of the Lieutenant Governor's house-cum-office in Delhi.

Accordingly, since Monday, he was planted there on sofas along with three of his senior ministers. Two of the senior ministers- Manish Sisodia and Satyendra Jain were also on a hunger strike and Jain was hospitalized last night.

Four Chief Ministers including Mamata Banerjee visited Mr Kejriwal's wife at his home after they told that they were denied permission to meet him at the Lieutenant Governor's waiting room. Yesterday they urged the Prime Minister to resolve the crisis and accordingly told that Mr Baijal's role in it proves that the centre is bent on violating the federalism which is essential to India's political structure. 

It was February when the conflict with IAS officers erupted, the Chief Secretary or senior-most bureaucrat, Anshu Prakash alleged that he was assaulted at a midnight meeting at the Chief Minister's house. This accusation was denied by AAP; CCTV footage from Mr Kejriwal's house was examined by the Delhi police and was interrogated for several hours, a move which was described as blatant harassment of an elected Chief Minister by political opponents of the BJP.

The strike was denied by the IAS officers and told that they skipped meetings only when they felt their safety and self-respect was at risk. From the sofa dharna Mr Kejriwal, gave a statement, of promising to "ensure their safety and security with all powers and resources available at his command" along with describing them as a part of his family.

Between AAP and the BJP, the bureaucrats were seen as caught in the middle of the crossfire that is often accused by regional parties, of disrespecting the basic rights of states, including some of its own allies.
It was claimed by Mr Kejriwal that since his AAP won all but only three seats in Delhi in 2015, defeating the BJP's campaign led by PM Modi, he was punished for a victory which Mr Modi could not come to terms with.

Top Legal Queries

Get answers from the best experts within minutes!

Most Consulted Advocates

Choose from our most consulted lawyers across India and get instant legal advice.

Top Consulted Advocates

Choose from our most consulted lawyers across India and get instant legal advice.

© Legistify Services Pvt. Ltd.