New Delhi, Aug 7: Jailed Chief Minister Arvind Kejriwal has written to the lieutenant governor, saying cabinet minister Atishi will hoist the national flag in his place at the Delhi government's Independence Day function, the AAP said on Wednesday, even as the LG office denied receiving any communication.
The BJP hit out at Kejriwal over the issue, pointing out that according to the national flag protocol, only the chief minister can hoist the tricolour and said the AAP supremo should make Atishi chief minister by resigning from the post.
Kejriwal is lodged in Tihar jail in connection with a CBI case linked to the alleged excise policy scam. He has been granted interim bail by the Supreme Court in the excise policy linked money laundering case registered by the Enforcement Directorate.
"Kejriwal has written to (Lieutenant Governor V K) Saxena from jail saying that Atishi will hoist the tricolour in his place on August 15," the AAP said.
Every year, the Delhi government's Independence Day function is held at Chhatrasal Stadium and the chief minister addresses the gathering.
A Raj Niwas official said, "With regards to the claims in various sections regarding the flag hoisting on August 15, it is clarified that the LG secretariat is not in receipt of any such communication whatsoever."
Slamming Kejriwal, Delhi BJP president Virendra Sachdeva said that the letter written by the incarcerated chief minister to the lieutenant governor regarding the flag hoisting on Independence Day "proves" that the Aam Aadmi Party and its leaders were "anarchists" and would remain "anarchists".
According to the national flag protocol, only the chief minister is allowed to hoist the flag in the states, Sachdeva said.
"Perhaps, the framers of the Constitution and the national flag protocol never imagined that one day, there would be a stubborn chief minister who would not resign even after going to jail.
"If the chief minister is unable to hoist the flag, then traditionally, the lieutenant governor of Delhi will hoist the flag. From 1991 to 1993 and in 2014, when there was no chief minister in Delhi, the lieutenant governor hoisted the flag," Sachdeva said.
If Arvind Kejriwal wants his minister Atishi to hoist the flag, he should trust her and resign, allowing her to take the oath as chief minister, he added.
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Kolkata (PTI): The BJP and TMC on Saturday both hailed the SC directions on the Election Commission's circular over the deployment of central government personnel for vote counting in West Bengal.
The apex court on Saturday said no further order was necessary on the TMC's plea challenging the Calcutta High Court's dismissal of its petition against the April 13 circular.
In a social media post, BJP leader Amit Malviya said, "In yet another legal setback, the Supreme Court has refused to intervene. The Trinamool Congress had approached the court challenging the exclusion of state government employees from vote-counting supervisor duties, and had sought an urgent hearing."
"The refusal to entertain this plea underscores a clear message -- attempts to influence or cast doubt over the integrity of the counting process will not find easy validation. Another day, another judicial rebuff for Mamata Banerjee," he added.
The TMC, however, claimed that the SC directions vindicated its stand.
"The issue raised before the Hon'ble Supreme Court pertained to the implementation of the said communication in a manner whereby only Central Government/Central PSU employees were being appointed as Counting Supervisors and Counting Assistants for counting of votes," the party said in a statement.
The TMC said it was highlighted that such an interpretation and implementation of the communication would be contrary to the framework of a fair and balanced counting process.
"After hearing the parties, the Hon'ble Supreme Court directed that Clause 1 of the communication dated 13.04.2026, relating to the appointment of Counting Supervisors and Counting Assistants, must be read along with the salient feature contained in the second page of the said communication, which provides for random selection of both State Government and Central Government employees," it said.
"The Hon'ble Supreme Court has further recorded the undertaking of Mr Dama Seshadri Naidu, learned Senior Advocate appearing for the Election Commission of India that the said communication shall be followed in its letter and spirit," it added.
The TMC said that in view of the directions, it is expected that the counting of votes shall be conducted in a fair, transparent, and balanced manner.
A special bench of Justices P S Narasimha and Joymalya Bagchi said the EC can choose the counting personnel, and its April 13 circular, which provides for deployment of state government employees as well, cannot be said to be incorrect.
The poll body said the apprehensions of TMC of any wrongdoing are misplaced, as the circular very clearly states that there will be a mix of central and state government employees.
The EC assured the court that the circular would be implemented in letter and spirit, and there would be state government employees also during the counting of votes on May 4.
Polling for the 294-member West Bengal assembly was held in two phases -- April 23 and April 29. The counting of votes will be taken up on May 4.
On April 30, the Calcutta High Court dismissed the TMC's petition against the Election Commission circular, saying there was no illegality in the poll panel's decision to appoint counting supervisors and assistants from Central government and Public Sector Undertaking (PSU) employees, instead of the state government staff.
