The Supreme Court Today (Sept 6) asked whether there was any rule preventing Chief Minister Arvind Kejriwal from dealing with files for the remission (early release) of prisoners while he remains in jail in the Delhi excise policy case.
Thank you for reading this post, don't forget to subscribe!![[BREAKING] "Why Can't CM Arvind Kejriwal Sign Remission Files From Jail?" SC Asks Delhi Govt.](https://i0.wp.com/lawchakra.in/wp-content/uploads/2024/08/image-283.png?resize=820%2C510&ssl=1)
NEW DELHI: The Supreme Court raised a significant query regarding whether any legal provision prevents Delhi Chief Minister Arvind Kejriwal from processing files related to the remission of prisoners while being held in custody in the Delhi excise policy case.
This inquiry came from a Bench comprising Justice Abhay S. Oka and Justice Augustine George Masih. The Bench sought clarification after learning that certain remission cases were being delayed due to the Chief Minister’s inability to sign necessary documents.
A crucial step in the premature release of a prisoner in Delhi involves the Chief Minister’s signature before the case can be sent to the Lieutenant Governor for approval. The Court posed the question,
“Please tell if 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 Delhi government, represented by Additional Solicitor General Aishwarya Bhati and Senior Advocate Archana Dave, was asked to address this concern. Both advocates assured the Court that they would seek instructions on the matter.
It was also mentioned during the hearing that such a situation, where a sitting Chief Minister is incarcerated, lacks precedent. This further complicates the process.
The Bench, emphasizing the urgency of the issue, stated,
“You have to (inform if there is any rule in place), else we will have to exercise our powers under Article 142 of Constitution of India because these matters cannot be stalled like this.”
Advocates Sumer Singh Boparai and Aadil Singh Boparai represented the petitioner, who is seeking the remission of his prison sentence. Notably, the petitioner had already been granted furlough (a temporary leave from prison) in an order issued in April.
![[BREAKING] "Why Can't CM Arvind Kejriwal Sign Remission Files From Jail?" SC Asks Delhi Govt.](https://i0.wp.com/theleaflet.in/wp-content/uploads/2024/06/Kejriwal-scaled.jpg?w=820&ssl=1)
The Supreme Court had further directed the State in May to resolve the question of his permanent remission within two months. This deadline was extended by one month in July, with the case being scheduled for September 6.
The matter, however, faces complications because of Chief Minister Kejriwal’s ongoing incarceration following his arrest by the Enforcement Directorate (ED) on March 21. Although he was released briefly on interim bail to campaign for the 2024 Lok Sabha elections, Kejriwal has remained in jail since.
He is facing charges from both the ED and the Central Bureau of Investigation (CBI), accused of conspiring to introduce loopholes in the now-defunct Delhi excise policy for the fiscal year 2021-22.
While the Supreme Court ordered Kejriwal’s release on July 12 in relation to the ED’s money laundering investigation, he was re-arrested by the CBI in a related case.
The legality of his CBI arrest remains undecided, as the Supreme Court reserved its judgment on Thursday, September 5.
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Click Here to Read Previous Reports on Delhi Excise Policy Case
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