Monday, April 3, 2017

Should Kejriwal Pay Fees To Advocates?

This refers to news regarding payment of advocate fee to Sri Ram jethmalani who is pleading on behalf of Kejriwal in case related to defamation filed against Mr Arvind Kejriwal by Sri Arun Jaitley.

Delhi government has as reported in news  ordered  payment of fees to the advocate and referred the matter to LG for his approval. However LG has sought opinion of experts to avoid controversy on this issue.

Kejriwal is badly reputed for taking controversial decisions going beyond existing laws , rules and provisions of the Constitution. And due to his track record of  improper behavior, previous LG was always put in controversial debates . Present LG has therefore played a safe game by seeking advice from legal experts.

But in my view, Delhi government cannot bear the cost of legal battle which is in between Kejriwal & others  and Jaitley. Obviously burden of advocate fees should be borne by Kejriwal in person.

 After all, all cases of defamation including that by Mr Arun Jaitley has been filed against Mr Arvind Kejriwal in person and not against Chief Minister.

It is Kejriwal who defamed Jaitley, not Chief Minister of Delhi because duty of CM is to govern, to make policy and to ensure rule of law. CM is not supposed to abuse PM or CM.

 In last few months Mr Kejriwal has    been granted bail by honourable court  in few other cases of defamation also . In all such bails petition, it is Kejriwal who is supposed to  sign and his colleagues stood as guarantor. In none of bails ,Chief Minister of Delhi comes into picture .

Even during election campaign, Election commissioner does now allow any Minister to use government resources for campaigning on behalf of the party he or she belongs.

Keeping in view above logic, I think legal experts will also  suggest recovery of fees of advocate personally from Mr. Kejriwal. Delhi government cannot and should not pay such fee.

However Aam Admi Party can reimburse fee to his leader Kejriwal if it is decided by general body of the party.

Following is the cutting of news published on this issue.

Delhi CM Arvind Kejriwal wants the taxpayer to foot his legal bills of Rs 3.8 crore for defamation cases filed against him by Finance Minister Arun Jaitley.

Mr Kejriwal engaged a gang of lawyers to represent him, including Ram Jethmalani, one of the most expensive lawyers in the country.

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