Delhi: Independence Day flag hoisting ceremony standoff continues

The general administration department (GAD) of the Delhi government said a decision is awaited on the directive issued by Delhi minister Gopal Rai to the GAD for making arrangements for minister Atishi to hoist the national flag on Independence Day.
The response comes after Delhi chief minister Arvind Kejriwal, currently lodged in Tihar Jail, had conveyed via Rai, for Atishi to hoist the national flag in place of him.
In response, the department has stated that the chief minister’s direction is “legally invalid and cannot be acted upon.”
The department has stated that such communication from Tihar jail is not permissible, and it is in contravention of Delhi Prison rules.
Replying to Rai’s communication, Navin Kumar Chaudhary, additional chief secretary GAD said that the department had sought convenience of the chief minister for his availability for the Independence Day but the office of chief minister has indicated his non-availability being in judicial custody.
“The issue has therefore been brought to the notice of higher authorities and a decision is awaited,” the communication states.
Chaudhary was referring to Delhi Prison Rules (2018) sections 585, 588, 620 and 627 which pertain to the communications from the prisoner outside the prison.
“It is clear that the above-mentioned communication does not qualify in terms of permissible communication which can be sent outside the prison. Only private correspondence with a designated set of people as defined in prison rules is permissible,” the letter from Chaudhary adds referring to Rai’s oral communication with the chief minister regarding flag hoisting.
Meanwhile, the department will continue to make all other arrangements for the celebrations at Chhatrasal stadium.
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On Monday, minister Rai said that he met Kejriwal who said Atishi should hoist the flag on August 15 at the Chhatrasal stadium event, in his place.
“All the necessary arrangements be made accordingly,” Rai said in the letter to the GAD.
Chaudhary, in his response to Rai, said that national events like Independence Day are events with supreme constitutional sanctity and any deviation from the laid down provisions for celebrating them will “not only undermine the sanctity” but may also amount to “statutory illegality.”
The additional chief secretary states that the communication from the chief minister does not quality according to the Delhi Prison rules.
“Only private correspondence with a designated set of people is permissible. Therefore, any communication, written or oral, in contravention of rules is not legally valid and therefore cannot be acted upon,” he adds.
Reacting to the developments, former deputy chief minister Manish Sisodia said it unfortunate that petty politics is being played in this regard.
“We keep reading in newspapers that when conman Sukesh writes a letter, Tihar officials submit it to LG and LG takes action on that but when elected CM of Delhi writes a letter, LG stops the Tihar officials from sending the letter to him. If the CM has written a letter in connection with Independence Day, LG secretariat needs to give a call to Tihar DG office and ask them to send it to him, but they have nothing to do with Independence Day”, he said.
Kejriwal has been in jail since March 21 following his arrest over alleged irregularities in Delhi excise policy.
On August 6, Kejriwal wrote to Lieutenant Governor Vinai Kumar Saxena, saying minister Atishi will hoist the national flag at the Independence Day function on August 15.