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New Delhi: Characterizing Union Home Minister Amit Shah’s commentary on the Supreme Court’s ruling regarding Arvind Kejriwal’s provisional reprieve as “debatable,” Rajya Sabha MP and Senior Advocate Kapil Sibal articulated on Thursday that had the Home Minister possessed jurisprudential acumen, he would have refrained from such assertions.
“Amit Shah’s assertions are undeniably debatable and cast aspersions on the Supreme Court’s motives. He insinuated that numerous individuals opine that Arvind Kejriwal’s provisional reprieve constitutes preferential treatment by the SC. He adroitly appended, ‘Log kehte hai’. This assertion betrays a tacit endorsement of said individuals’ beliefs. One should not seek refuge behind ‘log kehte hai’. The Home Minister, lacking a profound understanding of jurisprudence, ought not to have proffered such assertions. Allow me to elucidate today, that should an individual be convicted for a span exceeding 2-3 years, procuring a stay on said conviction enables them to stand for nominations and electoral contests. Even when under indictment, one may campaign and submit nominations. Take, for instance, Brij Bhushan, who stands indicted. How is he eligible to campaign for his progeny? It defies reason that someone facing allegations is permitted to campaign, does it not? I posit that the Home Minister is not well-versed in legal matters. Had he been, he would have refrained from such pronouncements,” Sibal expounded before the press corps.
In an interview with ANI on Wednesday, Amit Shah urged the justices who rendered the provisional reprieve judgment for Arvind Kejriwal to ascertain whether the ruling was “utilized or misappropriated.” “I perceive this as a blatant affront to the Supreme Court. His insinuation is that should he emerge triumphant, even if found culpable, the Supreme Court would abstain from incarcerating him. The justices who rendered the judgment must now ascertain if their pronouncement was utilized or misappropriated,” Amit Shah conveyed to ANI.
He also opined that many perceive the Supreme Court’s decision to grant provisional reprieve to Delhi Chief Minister Arvind Kejriwal in the excise policy litigation as tantamount to preferential treatment. Amit Shah contended that the ruling was not a routine judicial edict. “The Supreme Court possesses the prerogative to construe the law, and I posit that this is not an ordinary adjudication. A considerable portion of our populace harbors the belief that preferential treatment has been accorded,” Shah remarked to ANI.
On May 10, the Supreme Court accorded provisional reprieve to the Aam Aadmi Party’s chief in the alleged money laundering lawsuit associated with Delhi’s excise policy. The Delhi CM endured over 50 days of incarceration in Tihar Jail subsequent to his apprehension on March 21 this year by the Enforcement Directorate. Pursuant to the court’s decree, the reprieve remains in effect until June 1, after which Kejriwal must surrender to correctional authorities on June 2.
While the Delhi CM retains the prerogative to partake in electoral canvassing, his tenure as Chief Minister necessitates abstention from official duties. Meanwhile, in rejoinder to the Union Home Minister’s pronouncement that the BJP would secure PoK if it secured 400 seats, Kapil Sibbal impugned the BJP’s motives, asserting that their statements were merely calculated maneuvers for electoral gain.
“He (Union HM Amit Shah) asserts that should we secure 400 seats, we shall reclaim PoK. But what if we fail to amass such a tally? Would we then relinquish the aspiration? We implore you to focus on reclaiming the 4000 kilometers annexed by China. What manner of assertion is this? Are these proclamations merely for electoral expediency? As a Home Minister, one must exercise prudence in issuing statements within a democratic framework. It appears as though ‘400 paar kya 200 paar bhi mushkil hai’,” he remarked.
The Rajya Sabha MP further contended that Swati Maliwal’s purported assault incident constitutes an internal matter for AAP and urged the Home Minister to contemplate Prajwal Revanna’s circumstances. “Why does he (Union HM Amit Shah) concern himself with this (Rajya Sabha MP Swati Maliwal assault case)? This pertains to AAP’s internal affairs. Direct your attention towards Prajwal; why are you silent on that front? This constitutes the internal affairs of JD(S),” he articulated.
Four phases of Lok Sabha elections have transpired, with polling set to conclude on June 1 and results anticipated on June 4. Delhi’s seven constituencies are slated for polling on May 25. The Aam Aadmi Party and the Congress have forged an electoral alliance in the national capital, with the former contesting four seats and the latter three.