The Supreme Court on Friday asked the Delhi government if there is any restraint order on Delhi Chief Minister Arvind Kejriwal performing his duties from jail. The apex court asked about it after it was informed that files pertaining to remission of sentences of eligible convicts were getting delayed for want of his signature.
Remission is the cancellation or reduction of a part of the sentence of a prisoner. Under section 432 of the CrPC, state governments may remit the whole or part of the punishment to which a convict has been sentenced based on factors such as the prisoner's conduct, rehabilitation, health and time served in prison.
The observation by a bench of Justices Abhay S Oka and Augustine George Masih came while hearing a plea filed by a convict alleging delay in remission of his sentence.
Is there any restraint order on chief minister performing his duties from jail? We want to examine this because this will affect hundreds of cases.
"So many files would be there as various orders are passed by the court concerning the chief minister. Whether there is any restraint on the chief minister signing such important files?" the bench said. Additional Solicitor General Aishwarya Bhati said she will take instructions on the issue and get back to the court.
The top court had in an earlier order directed the Delhi government to take a decision on the question of remission of the sentences of convicts within two months. The deadline was, however, extended by a month in July.
Kejriwal was arrested by the Enforcement Directorate (ED) on March 21 and the Central Bureau of Investigation (CBI) on June 26 in connection with the alleged excise policy scam.
On July 12, the top court granted him interim bail in the money laundering case.
According to legal experts, there is no bar either in the Constitution or in law on a jailed chief minister from continuing in office but running the government from a prison is "practically impossible".
The views of the legal experts are in line with the Delhi High Court's observations of March 28 when it had dismissed a PIL seeking removal of Kejriwal from the post of the chief minister following his arrest.
They, however, opined that it would be impossible to run the day-to-day administration such as making cabinet decisions, signing official papers and transfer orders as these tasks cannot be completed in the secluded and protected area of a jail.
An application by a convict for grant of remission is submitted to the jail superintendent, who forwards the same to the presiding judge of the convicting or confirming court along with the history ticket, copy of the judgments, descriptive roll, and reports from the district magistrate and superintendent of police about the convict's conduct.
Inspector General of Prisons, after his consideration, submits the proposal of remission to the state government with his recommendations. The state government then examines the proposal in accordance with its remission policy and the file is signed by the chief minister, if the same is accepted.
