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Why can’t CM Arvind Kejriwal sign remission files from jail? Supreme Court asks
The Supreme Court on Friday questioned if there was any law saying that Chief Minister Arvind Kejriwal cannot involve himself in files related to the remission (early release) of prisoners while he himself is languishing in jail in connection with the Delhi excise policy case.
The question was raised by the Bench of Justice Abhay S Oka and Justice Augustine George Masih after they were told that remission cases continue to be delayed due to absence of Chief Minister’s signature.
Worthy of special mention is the fact that if a prisoner seeks early release, then before the file reaches the Lieutenant Governor in Delhi, it has to have the Chief Minister’s signature.
, the Delhi government today: “Is there any restraint order against Arvind Kejriwal, Chief Minister of Delhi to not sign remission files from jail … Whether there is any prohibition on the CM dealing with files of premature release while he himself is detained in a case?”
The Constitutional bench of Supreme Court of India is comprised of Hon,Justice Abhay S Oka and Hon,Justice Augustine George Masih
Solicitor General Tushar Mehta and Additional Solicitor General Aishwarya Bhati of Delhi and Archana Dave present for the Delhi government said they will seek instructions on the matter.
It was also contended that there was no such a situation in which the Chief Minister was in jail.
One has to (inform if there is any rule in place, otherwise), we are going to invoke our powers under Article 142 of the Constitution of India because these kind of matters cannot be restrained like this: the Court observed as it rose.”
For the petitioner, the remission of the prison sentence has been sought by advocates Sumer Singh Boparai and Aadil Singh Boparai.
As per an order done in April the petitioner is on an furlough, or a temporary leave from the prison.
While disposing of a case in May this year the Court had directed the state to make a decision on the question of his permanent remission within two months time. This deadline was extended by a month in July, before the posting the case on September 6 (today).
But Delhi’s Chief Minister Kejriwal has been under incarceration since March 21 for the actions of the Enforcement Directorate (ED), except when he was temporarily out on the grounds of interim bail for the Lok Sabha elections 2024.
Kejriwal is also in the dock along with other accused being prosecuted by the ED as well as the CBI for a plot to facilitate corruption through the loopholes in the now-scrapped Delhi excise policy of 2021-22.
While on July 12 he was released by the Supreme Court in the money laundering case being investigated by the ED, he is still in jail for he was arrested by the CBI later.
Top court puts in abeyance the judgment on the legal aspect of CBI’s arrest of Rahul Gandhi on Thursday (September 5).
