Does Arvind Kejriwal have immunity from arrest as chief minister? | Delhi liquor policy case

Aam Aadmi Party leaders have voiced fears that Delhi Chief Minister Arvind Kejriwal may be arrested after ignoring summons from the Enforcement Directorate in the Delhi liquor policy thrice.

Does a sitting chief minister have immunity from arrest?

The President of India and state governors are exempt from criminal and civil proceedings. However, the same immunity has not been granted to the prime minister or the chief ministers.

However, no sitting chief minister has been arrested before. Former Bihar chief minister Lalu Yadav had stepped down and his wife was given the post instead after an arrest warrant was issued against him in the fodder case.

Former Tamil Nadu chief minister J Jayalaithaa had been diqualified from her post in 2014 after her conviction in the disproporationate assets . She was arrested and sent to jail after that.

Can Kejriwal run Delhi govt from jail?

AAP minister Saurabh Bharadwaj told reporters on November 1 that the Delhi govt will be run from jail even if all party leaders are imprisoned.

A chief minister is not legally barred from running the govt from a jail. Their removal from office in case of an investigation, even if jailed, will happen only if they are convicted.

Also watch: ED likely to raid and arrest Arvind Kerjiwal, AAP leaders claim

AAP leaders Satyendar Jain and Manisha Sisodia continued to hold their ministerial portfolios even after they were jailed. Jain resigned as minister 9 months after he was jailed. Sisodia stepped down two days after his arrest once the Supreme Court rejected his bail.