Another retired judge, Justice Anajana Prakash, of the Patna HC, said, legal recourse seemed to be very less for Kejriwal. “There is a format for approaching courts for relief. Like, the lower court, then HC, then finally the SC. So tomorrow if he fails to get any relief from the HC, then he may have to go to SC,” she said, pointing out that chances are very less for Kejriwal for getting the required relief tomorrow.Justice Prakash also said that there is no bar legally as such to continue him as the CM of Delhi. She, howvever, remarked and pointed out that “It may be a mess, if he can continue to remain as the CM. As he has to clear many bills, for Delhi people. How he will do that?,” she said.Justice Prakash questioned as to how he will operate from the ED custody and it seemed that after the ED custody, he might be sent to jail. “So the LG’s role is very crucial here now. But right now, he can continue to remain in his post, keeping in view the present situation,” she said.Justice Prakash said that if the LG thinks otherwise, then he can send a report recommending to the President, for imposing President’s rule citing breakdown of constitutional machinery.Then the President on receipt of this report from the LG, is satisfied, or thinks, that a situation has arisen in which the administration and function of the National Capital Territory cannot be carried on by the CM, in accordance with law, then may be President’s rule can be imposed. But, right now, the situation has not arisen like this.
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