Letter to L-G 'abuse of privileges': Tihar jail authorities in letter to Delhi CM Kejriwal

New Delhi: The Tihar authorities have informed Chief Minister Arvind Kejriwal that his letter to Lt Governor VK Saxena saying Atishi would hoist the Tricolour on Independence Day was "an abuse of privileges" granted to him under the Delhi Prison Rules.

The superintendent of Tihar's jail number 2 cited various provisions of the Delhi Prisons Rules, 2018, and advised Kejriwal in a letter "to desist from any such impermissible activity" or his privileges would be curtailed.

In a letter to the lieutenant governor last week, Kejriwal said Cabinet minister Atishi would hoist the national flag during the Delhi government's Independence Day programme in his stead.

The lieutenant governor's office, however, had denied receiving any communication from the chief minister.

Kejriwal is lodged in Tihar jail in a Central Bureau of Investigation (CBI) case in connection with 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 (ED).

In the letter to Kejriwal, the Tihar authorities said, "From a bare reading of the above rules, it is clear that your communication does not qualify in the permissible communication which can be sent outside the prison. Only private correspondence with a designated set of people, as defined above, is permissible. Therefore, your letter dated 06.08.2024 has not been sent to the addressee but has been filed." Undertrials are governed by legal provisions of the Delhi Prison Rules, which circumscribe their rights and privileges, the letter stated.

"It is surprising to note that the contents of the letter, which was handed over by you on August 6, were leaked to the media without any authority. This amounts to an abuse of privileges granted to you under the Delhi Prison Rules, 2018," it added.

The jail superintendent advised Kejriwal "to desist from any such impermissible activity".

"... failing which I shall be constrained to invoke the provisions of Delhi Prison Rules, 2018, to curtail your privileges," the letter stated.

The letter cited Rule 588, which states that the contents of all letters written by prisoners shall be limited to private matters.

Citing Rule 620 (i), the letter stressed it provided that prisoners might be allowed to write only to their family members, relatives and close friends.

The rule also states that prisoners should also be allowed to correspond with the counsels handling their cases.

"Rule 620 (vii) provides that 'no letter shall be delivered to, or sent by a prisoner until the superintendent has satisfied himself that its transmission is not objectionable'," the letter added.

The Delhi government's annual Independence Day programme is held at Chhatrasal Stadium where the chief minister addresses the gathering.

Later in the day, following a meeting with Kejriwal in Tihar jail, Gopal Rai -- who holds the general administration department portfolio -- directed officials to make arrangements for the flag hoisting by Atishi, in what could emerge as a new flashpoint between the lieutenant governor's office and the AAP dispensation.