Uncertainty over who will hoist the national flag in the absence of Chief Minister Arvind Kejriwal, ended on Tuesday after Lieutenant Governor Vinai Kumar Saxena nominated Delhi Home Minister Kailash Gahlot to hoist the national flag at State Government function on Independence Day at Chhatrasaal Stadium.

A controversy erupted with the jailed Chief Minister Arvind Kejriwal directing Cabinet member Atishi to do the same.

“Lieutenant Governor is pleased to nominate Minister (Home), GNCTD, Kailash Gahlot to unfurl the National Flag at the State level Independence Day celebrations at Chhatrasaal Stadium. Necessary arrangements may be made accordingly,” Lieutenant Governor’s principal secretary Ashish Kundra said in a written communication to Chief Secretary Naresh Kumar.

Contrary to Kejriwal’s wish, Atishi won’t be able to hoist Tricolour during the State Government function on the occasion of Independence Day.

This year, because Kejriwal has been in custody since March in connection with the excise policy case, the AAP convener, nominated Atishi to replace him in a letter to the Lieutenant Governor on August 6. This is the first time both AAP and Delhi BJP are on the same page and welcomed the LG’s decision.

Earlier in the day,  both Saxena and Gahlot have attended a state level function, to laid the foundation stone of a multi-level electric bus depot in the Vasant Vihar area in the morning.

“Keeping in view the current impasse created because of peculiar circumstance of non-availability Chief Minister, this Secretariat had sent a reference to the Ministry of Home affairs, Government of India. Ministry of Home Affairs, Government of India has the remit of issuing guidelines for celebrations of Independence Day at the Centre as well as the State level. The Ministry vide its letter dated 13.08.2024 has authorized Lt. Governor to nominate any Minister of GNCTD to unfurl the flag at the State Level function of Independenceday,2024 to be held at Chhatrasal Stadium, Delhi,” Raj Niwas  said in its communiqué to Chief Secretary.

Earlier in the day, the Delhi government’s General Administration Department (GAD) refused to implement department minister Gopal Rai’s direction for the hosting of national flag by Education Minister Atishi. This comes a day after GAD minister Gopal Rai directed the department to make necessary arrangements for Atishi to hoist the national flag, as Kejriwal desired. The GAD organises annual Independence Day celebrations at Chhatrasal Stadium, where the Delhi chief minister hoists the national flag as per tradition and rules.

Replying to Delhi minister Rai’s communication, Navin Kumar Chaudhary, additional chief secretary GAD said that the department had sought convenience of the chief minister for his availability for the Independence Day but the office of chief minister has indicated his non-availability being in judicial custody. “The issue has therefore been brought to the notice of higher authorities and a decision is awaited,” the communication states.

Chaudhary further said, “It is absolutely clear that the above communication (Minister Letter) does not qualify in the permissible communication which can be sent outside prison…Any communication, written or oral, in contravention of the rules quoted above, is not legally valid and therefore cannot be acted upon”.

“There are detailed laid down provisions for celebrating them as per the stature they deserve. Any deviations thereto or subjugation thereof will not only undermine the sanctity associated with them but may also amount to statutory illegality,” Chaudhary said.  He said Independence Day and Republic Day are national events with supreme constitutional sanctity.

“As per practice, Delhi Police is responsible for the ceremonial march-past parade after unfurling of the national flag. The Minute to minute programme of the State level function of Independence Day is finalized by the Delhi Police/ Home department. The Home Department GNCTD and the Delhi Police play a primary role vis-a-vis the State Level Function of Independence Day apart making security arrangements for the function. Hon’ble Lieutenant Governor has also noted that matters related to police have been assigned to Home Department under the Allocation of Business Rules, 1993. In view of the above, Hon’ble Lieutenant Governor is pleased to nominate the Hon’ble Minister (Home), GNCTD, Kailash Gahlot to unfurl the National Flag at the State level Independence day celebration sat Chhatrasaal Stadium. Necessary arrangements may be made accordingly,” it said.