Is There Any Restraint on Kejriwal Performing Duties from Jail? SC Questions Delhi Govt

GG News Bureau
New Delhi, 6th Sept. The Supreme Court on Friday questioned whether there is any restraint preventing Delhi Chief Minister Arvind Kejriwal from performing his duties from jail, as it was informed that files related to the remission of sentences for eligible convicts were delayed due to his missing signature.

A bench comprising Justices Abhay S Oka and Augustine George Masih raised the question during a hearing of a plea filed by a convict, who alleged delays in the processing of his remission. Remission refers to the reduction or cancellation of part of a prisoner’s sentence, which state governments can grant under Section 432 of the CrPC based on factors like conduct, rehabilitation, health, and time served.

“Is there any restraint order on the chief minister performing his duties from jail? We want to examine this because this will affect hundreds of cases,” the bench remarked, emphasizing the potential widespread impact of the delay on other pending files.

Additional Solicitor General Aishwarya Bhati informed the court that she would take instructions and respond on the matter. The court had previously directed the Delhi government to decide on remission applications within two months, a deadline extended by a month in July.

Kejriwal was arrested earlier this year in connection with the alleged excise policy scam but was granted interim bail in the money laundering case by the top court on July 12.

Legal experts have stated that while there is no constitutional or legal barrier preventing a jailed chief minister from continuing in office, running the government from prison is practically unfeasible. They highlighted the challenges of managing daily administration, such as signing official documents and making cabinet decisions, while incarcerated.

The Supreme Court is expected to revisit the issue as the investigation continues.