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The Aam Aadmi Party said on Monday that all party MLAs have urged Arvind Kejriwal to continue as the chief minister of Delhi even if he is arrested by any investigative agency.
Kejriwal was summoned by the Enforcement Directorate last week for questioning in connection with its money laundering probe linked to the alleged excise policy scam, but he skipped the summons saying it was "politically motivated".
Kejriwal called a meeting of AAP MLAs amid a furore over recent actions by central probe agencies against ministers and leaders of the party.
After the meeting, Delhi minister Saurabh Bharadwaj said all the MLAs present in the meeting told Kejriwal that "if he is arrested, he will continue to be chief minister since he has been given the mandate by the people of Delhi to run the government".
"All of them had a unanimous view that the BJP and Prime Minister Narendra Modi are scared of Arvind Kejriwal. The BJP knows that it cannot oust Kejriwal from power through elections and it can only be done by hatching a conspiracy," Bharadwaj told reporters.
Bharadwaj said officers will go to jail for meetings and "if we are called, we will be happy to go".
"The conditions look like we will also be in jail soon. Such an atmosphere is being created that even we might join chief minister in jail. So it might be possible that Atishi will be lodged in jail number 2 and I in jail number 1 and we will hold cabinet meetings inside jail. We will ensure that the work for the people of Delhi is not stopped," he said.
The minister alleged that pressure is being created on how will the Delhi government function if Kejriwal gets arrested.
"During this meeting, each MLA conveyed to CM Kejriwal that the BJP and PM want him to resign so that they topple the AAP government in Delhi. By any means whether from earth or heaven, jail or judicial custody or police custody, only Kejriwal should run the Delhi government," he asserted.
Speaking on the legality of the matter, Bharadwaj mentioned that they have consulted many constitutional experts on this issue.
"In the history of India, it has never happened that a sitting CM was arrested in lieu of trials. The Constitution of India has not granted the legal right to challenge the fundamental rights of citizens to vote and elect a government and a popular CM. There's no provision in the Constitution which states that CM has to resign if they're arrested in the pretence of trial," he added.
Minister Atishi said that during the meeting, all the MLAs shared the public opinion with the chief minister.
"Today, the people of Delhi are witnessing that a man who works day and night for their welfare is being subjected to oppression. All MLAs unanimously stated that even if the Modi government conspires to put CM Arvind Kejriwal in Tihar Jail, we still urge him not to resign," she said.
Atishi said that they also discussed the possibility of going to court and seeking permission to hold Cabinet meetings in jail.
"If necessary, all officers will go there, and we will obtain permission from the court to take files there. CM Arvind Kejriwal will run the Delhi government from jail, and we will not let the work for the people of Delhi stop even from jail," she said.
Atishi said Kejriwal mentioned that after speaking with MLAs, he will now hold discussions with the AAP's councilors in Delhi, as well as with the CM and MLAs in Punjab.
He will also interact with AAP functionaries across the country and consider the proposals put forward by Delhi's MLAs, she said.
Last week, the ED raided Delhi minister Raaj Kumar Anand's residence in a separate money laundering probe.
Party MP Sanjay Singh was arrested by the ED recently after an hours-long raid at his residence in connection with the alleged excise policy scam.