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Amid uncertainty over who will hoist the national flag during the official Delhi government function on Independence Day, the General Administration Department (GAD) in New Delhi said on Tuesday Chief Minister Arvind Kejriwal, who is in jail in a corruption case, cannot authorise minister Atishi to do so on his behalf.
GAD minister Gopal Rai Monday directed the department to make arrangements for Atishi to unfurl the flag as the chief minister 'desires'.
Responding to the minister's communication, GAD additional chief secretary Navin Kumar Chaudhary said the CM's direction is 'legally invalid and cannot be acted upon'.
The GAD officer has also said the chief minister's communication to Lieutenant Governor V K Saxena on August 6 in this regard was 'not permissible' according to the prison rules.
Chaudhary said preparations for the Independence Day function of the Delhi government was underway at its regular Chhatrasal Stadium venue.
As the CM in judicial custody and not available to hoist the flag, the matter has been communicated to the 'higher authority' and a directed is awaited, Chaudhary said.
Rai had issued his directions to the GAD on Monday after a meeting with Kejriwal in the jail.
In a letter to the LG last week, Kejriwal said cabinet minister Atishi would hoist the national flag in his place during the Delhi government's Independence Day programme.
The LG office, however, maintained that they did not receive any communication from the chief minister.
Also, the Tihar Jail authorities informed Kejriwal that his letter to Saxena was 'an abuse of privileges' granted to him under the Delhi Prison Rules and, therefore, it was not sent to the addressee.