Delhi cabinet minister Atishi on Wednesday said if President's Rule is imposed in the national capital in the aftermath of Chief Minister Arvind Kejriwal's arrest, it would be a clear case of "political vendetta".
The Delhi government will not be run from jail, Lieutenant Governor V K Saxena said on Wednesday in the backdrop of statements by AAP leaders that Arvind Kejriwal will continue as chief minister even if he is behind bars.
Responding to Saxena's statement, Atishi, in an interview with PTI, cited The Representation of the People Act that disqualifies a lawmaker if he/she is convicted.
"What is the constitutional provision he is drawing on? The law of the country is very clear. You have the GNCTD Act which is very clear that you cannot be the chief minister if you do not enjoy the majority of the House. These conditions do not apply. So, under what conditions will President's Rule be imposed?" she said.
AAP leaders on several occasions ruled out Kejriwal's resignation, insisting that he will run his government from inside the jail.
Atishi said even the Supreme Court has said that the President's Rule can only be imposed if there is no other option.
"The law of the land is very clear -- President's Rule can only be imposed when there is no other choice. The issue of Article 356 has gone to the Supreme Court multiple times and SC has repeatedly ruled that President's Rule can only be imposed when there is no other choice left for governance of the state.
"If today, President's Rule is imposed, it will be very clear that it is political vendetta," she explained.
Article 356 of the Constitution pertains to Provisions in case of failure of constitutional machinery in the State.
She said in another scenario "it is a very simple formula to bring down all opposition governments".
"You have ED in your hands. They do not require any proof. Leaders do not get bail if they are arrested under PMLA. So all opposition chief ministers would be arrested under PMLA. Then they would be told you either resign, bring down the government or we will introduce President's Rule," she added.
Atishi also claimed that if an independent probe had been conducted in the excise policy case, the BJP would have emerged as an accused.
"The BJP would be an accused in the excise policy matter and (party chief) J P Nadda and not Arvind Kejriwal would be in jail had there been an independent investigation," she said.
Atishi alleged that different agencies were being used to target the opposition.
"You have the CBI, you have the ED, you have the Income Tax Department. Now you have the SBI refusing to give up electoral bonds. So what are you going to do? Institutions after institutions are being used by the BJP to attack the opposition, the AAP and Arvind Kejriwal," she alleged.
Aam Aadmi Party (AAP) national convener Kejriwal was arrested by the Enforcement Directorate on March 21 in the Delhi excise policy-linked money laundering case and subsequently remanded in the agency's custody till March 28 by a court here.
