Is There Any Prohibition On Delhi CM Arvind Kejriwal Performing His Duties From Jail? Supreme Court Asks

The Supreme Court today (September 6) asked whether there was any restriction on Delhi Chief Minister Arvind Kejriwal performing his official duties from jail while hearing a plea related to a delay in deciding the remission of a convict.

During the hearing, the counsel for the Delhi Government told the bench of Justice Abhay Oka and Justice Augustine George Masih that the file cannot be forwarded to the Lieutenant Governor unless it is signed by the CM, who is currently jail in the alleged Delhi Liquor Policy scam.

“Is there any restraint order on Honourable 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?”, Justice Oka asked, adding that these matters cannot remain pending.

The CM has been in ED custody since March 21, 2024. While in ED custody, he was arrested by the CBI on June 26, 2024. The Supreme Court reserved its judgment on his petition seeking bail and challenging his arrest by CBI. On July 12, 2024, the Supreme Court granted Kejriwal interim bail in the money laundering case, while referring his petition challenging ED arrest to a larger bench. However, he continued to remain in custody due to his arrest by the CBI.

The Supreme Court has previously directed the Delhi government to take a decision on granting permanent remission to the petitioner. On April 10, the Court granted furlough to the petitioner.

On May 10, 2024, the Court directed the State to decide on his permanent remission within two months. This deadline was extended by a month on July 19, 2024, with the case being scheduled for hearing today.

However, today the state informed the Court that the process had stalled because of Section 45I(4) clauses (i) and (vii) of the Government of National Capital Territory of Delhi Act, 1991.

“It is contended that in view of the express provisions of clauses (i) and (vii), the proposal for consideration of the case of the petitioner cannot be forwarded to the Lieutenant Governor unless the file is placed before the Honourable Chief Minister who is detained as an under-trial prisoner. The State will have to address us on the question whether there is any prohibition on the Honourable Chief Minister dealing with the files of cases while he is in custody. Learned ASG appearing for the State to take instructions and address the court”, the Court dictated in the order.

Justice Oka noted that the matter concerned the petitioner's liberty and could affect many similar cases. He said that if there is any impediment to the CM handling official files while in custody, the Court might have to exercise its powers under Article 142 of the Constitution to prevent further delays.

The Additional Solicitor General Aishwarya Bhati stated that there was no precedent on this issue and sought time to take instructions on the matter. The Court kept the case on September 23, 2024.

Case no. – SLP(Crl.) No. 4763/2024

Case Title – Harpreet Singh v. State (Govt of NCT of Delhi)