Today(23rd Sept), The Supreme Court of India held a hearing on delays in prisoner releases due to pending file approvals, linked to former Chief Minister Arvind Kejriwal’s incarceration. The new Chief Minister, Atishi, assured the court that she would expedite the review of prisoner remission files, addressing concerns over prolonged delays, especially in Harpreet Singh’s case.
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NEW DELHI: Today(23rd Sept), The Supreme Court of India conducted a hearing to address the delay in the release of prisoners due to pending file approvals. The delay was attributed to the absence of former Delhi Chief Minister Arvind Kejriwal, who had been incarcerated at the time. The Delhi government informed the Supreme Court that the newly appointed Chief Minister, Atishi, has taken office and will expedite the review of files related to prisoner remission.
The hearing, which was presided over by a bench of Supreme Court justices, brought attention to the long-standing delay in the release of several prisoners, notably in the case of Harpreet Singh. The Supreme Court expressed its concern over the stagnation of such cases, particularly those involving personal liberty.
A bench comprising Justice Abhay Oka and Justice Pankaj Mithal was hearing a writ petition filed by a convict seeking remission.
During the hearing, the Supreme Court decided to adjourn the case until October 18, granting time for the Delhi government to take action under the leadership of the newly appointed Chief Minister.
Previously, the Supreme Court had expressed frustration over the former CM’s inability to sign remission files due to his incarceration.
“The files related to the remission of prisoners are not being signed by him,”
– the court had noted, pointing to a growing backlog of cases requiring attention.
The crux of the matter stems from the case of Harpreet Singh, a prisoner whose release had been delayed for an extended period because Arvind Kejriwal, then Chief Minister of Delhi, was unable to sign the necessary documents. Harpreet Singh had no choice but to file a petition with the Supreme Court in the hopes of expediting his release, as he remained incarcerated far beyond the necessary time due to bureaucratic delays.
This particular case highlights the larger issue of how administrative delays can impact the rights of prisoners to timely release. It was brought up in the hearing that Kejriwal’s imprisonment had directly impacted the release process for multiple prisoners. The SC showed concern over the matter, stating that the issue at hand was not limited to just one individual but could lead to similar delays in other cases as well.
The Supreme Court, in a previous hearing held on September 6, had raised a critical question to the Additional Solicitor General, Aishwarya Bhati.
“Is there a ban on signing these files?”
– the bench had asked, prompting further clarification from the Delhi government.
In response, Solicitor General Aishwarya Bhati had explained that-
“such a situation has never happened before,”
reassuring the court that the government would provide clear instructions moving forward.
The court’s remarks emphasized the importance of swift action, noting-
“Matters relating to the personal liberty of people cannot be kept pending.”
This strong statement underscores the gravity of the situation and the necessity of ensuring that cases concerning prisoner rights are resolved without unnecessary delay.
Adding to the complexity of the situation, Arvind Kejriwal resigned from his position as Chief Minister of Delhi after securing bail in the ongoing excise policy case. His departure from the office created a temporary administrative vacuum, during which files related to the release of prisoners could not be processed.
In light of Kejriwal’s resignation, Atishi, a prominent leader within the Delhi government, has been appointed as the new Chief Minister. The Delhi government has assured the Supreme Court that under her leadership, these delays will be addressed promptly.
“Now the files related to the release of prisoners will be disposed of soon,”
-the government informed the court, signaling a shift toward more efficient governance in this area.
