On Friday, the Supreme Court of India raised concerns about delays in processing remission pleas for convicts in Delhi’s prisons. This issue arises amidst Delhi Chief Minister Arvind Kejriwal’s current incarceration related to the excise policy scam, which has hindered his ability to sign crucial official documents from Tihar Jail.
Justice Abhay S. Oka, leading a bench, questioned the Delhi government about whether any restrictions prevent Chief Minister Kejriwal from managing files related to the premature release of convicts while the Central Bureau of Investigation (CBI) detains him.
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Justice Oka, along with Justice A.G. Masih, learned that the absence of Kejriwal’s signature has stalled the forwarding of remission files to the Lieutenant Governor’s (L-G) office. The court emphasized that the process of granting remission, which impacts a convict’s liberty, should not be delayed by the Chief Minister’s inability to sign documents.
Complete Justice
Justice Oka suggested that the Supreme Court might use its powers under Article 142 to ensure “complete justice” if necessary. Currently, the procedure requires the Delhi government to recommend the premature release of convicts, with the Chief Minister’s signature needed before submitting the proposal to the L-G for approval.
On Thursday, the Supreme Court had reserved judgment on Kejriwal’s plea challenging his arrest by the CBI and seeking bail in the corruption case linked to the alleged liquor policy scam. While Kejriwal received interim bail from the Enforcement Directorate (ED) on July 12 in a money laundering case, he remains detained by the CBI since June 26, preventing his release.
The court also advised Kejriwal to consider stepping down from his position as Delhi Chief Minister. Although the bench recognized the importance of his role as an elected leader, it refrained from issuing a direct directive, noting uncertainty about whether the court can force an elected official to resign or abstain from duties.
The Supreme Court has specified that if Kejriwal receives interim bail, the court will impose restrictions on him. These restrictions will prevent Kejriwal from visiting his office or the Delhi Secretariat and from signing official files, except when necessary to obtain approval from the L-G.
