New Delhi | Amid uncertainty over who will hoist the national flag during the official Delhi government function on Independence Day, the General Administration Department (GAD) here said Tuesday Chief Minister Arvind Kejriwal, who is in jail in a corruption case, cannot authorise minister Atishi to do so on his behalf.

GAD Minister Gopal Rai Monday directed the department to make arrangements for Atishi to unfurl the flag as the chief minister "desires". Responding to the minister's communication, GAD additional chief secretary Navin Kumar Chaudhary said the CM's direction is "legally invalid and cannot be acted upon".

The GAD officer has also said the chief minister's communication to Lt Governor V K Saxena on August 6 in this regard was "not permissible" according to the prison rules.

Chaudhary said preparations for the Independence Day function of the Delhi government was underway at its regular Chhatrasal Stadium venue. As the CM in judicial custody and not available to hoist the flag, the matter has been communicated to the "higher authority" and a directed is awaited, Chaudhary said.