The Supreme Court on Friday flagged the delay in processing remission pleas of convicts lodged in prisons in the national capital when Delhi Chief Minister Arvind Kejriwal himself is in jail in the excise policy scam and cannot sign official files from Tihar Jail.
A bench headed by Justice Abhay S. Oka asked the Delhi government to clarify if there was any restraint order against CM Kejriwal to deal with files pertaining to the premature release of convicts when he himself was detained by the Central Bureau of Investigation (CBI).
The Bench, also comprising Justice A.G. Masih, was apprised that remission files could not be forwarded to the Lieutenant General’s (L-G) office due to the lack of the signature of the Chief Minister.
Observing that remission, which relates to the right of liberty of convict, cannot be stalled for want of signature of the Chief Minister, the apex court suggested that it would not hesitate to exercise its power under Article 142 to do “complete justice” in the matter.
As per the procedures, the Delhi government recommends for premature release of convicts from prison and, thereafter, the proposal is submitted to L-G for approval. And, before a prisoner’s plea reaches the L-G, the file has to have the signature of the Chief Minister.
On Thursday, the Supreme Court reserved its verdict on CM Kejriwal’s plea challenging his arrest by the CBI and seeking bail in the corruption case linked to the alleged liquor policy scam.
CM Kejriwal was ordered to be released on interim bail in connection with the money laundering case lodged by the Enforcement Directorate (ED) on July 12. However, he was not able to walk out of jail since he was arrested by the CBI on June 26 in the same liquor policy scam.
The SC had also asked Kejriwal to take a call on stepping down from his post of Delhi CM.
“We are conscious that Arvind Kejriwal is an elected leader and the Chief Minister of Delhi, a post holding importance and influence. We have also referred to the allegations. While we do not give any direction, since we are doubtful whether the court can direct an elected leader to step down or not function as the Chief Minister or as a Minister, we leave it to Arvind Kejriwal to take a call,” it said, referring his plea challenging his arrest and subsequent remand by the Enforcement Directorate (ED) to a larger bench.
If released on interim bail, CM Kejriwal will not visit his office or the Delhi Secretariat, the SC order said, adding that he will not sign official files unless it is required and necessary for obtaining clearance/approval of the Lt Governor of Delhi.