New Delhi: In a setback to Delhi chief minister Arvind Kejriwal, who was slapped with a defamation suit by Union finance minister Arun Jaitley, a senior law officer has advised lieutenant-governor Anil Baijal that the public money cannot be used to defend Mr Kejriwal for statements made in his personal capacity against Mr Jaitley. He has also advised the L-G not to approve the proposal for appointment of senior advocate Ram Jethmalani to defend Mr Kejriwal and pay the lawyer out of the government coffers.
The legal opinion by the additional solicitor general (ASG) Sanjay Jain was tendered in response to several queries by the lieutenant-governor on whether statements by Mr Kejriwal against Mr Jaitley were in his official capacity, and should a special lawyer be provided to the chief minister at the expense of the state exchequer.
Mr Jain has said the statements made by Mr Kejriwal on his personal Twitter account “have no connection” with his official or public duties and were “distinctly in his individual or personal capacity”.
The ASG, in a 14-page opinion, has also said that under the Constitution, “it is impermissible to use public money for a private purpose” and since Mr Kejriwal was being sued in his individual capacity, “public money cannot be used to defend the chief minister for his statements made in his personal capacity.”
He has advised the L-G to not approve the proposal for appointment of senior advocate Ram Jethmalani to defend Mr Kejriwal and pay the lawyer out of the government coffers.
“The position of a chief minister or for that matter as government servant is that of a trustee of public money. Public money can be spent only in accordance with law and procedures prescribed and must ensure the highest level of financial discipline,” the ASG has said.
Mr Jethmalani, 93, has been representing Mr Kejriwal in the civil defamation case filed by Mr Jaitley in the Delhi high court against the chief minister and five other AAP leaders over allegations of corruption when the Union minister was the president of the Delhi and District Cricket Association (DDCA) from 2000 to 2013.
