Remission Pleas Stalled Due To Ex-CM Arvind Kejriwal's Incarceration Can Be Processed Now: Delhi Government To Supreme Court

Justice Oka today remarked, “Now the difficulty will not arise, you can take orders from the Chief Minister”, referring to Marlena's appointment as the CM after Kejriwal's resignation.

The Court directed that the remission plea of the accused be decided within three weeks.

“The learned counsel appearing for the State assures the court that decisions will be now taken within maximum period of three weeks from today. Accordingly, we extended the time granted earlier by a period of three weeks from today. List on 18^th of October”, as per the order dictated in the Court.

Arvind Kejriwal was recently released after getting bail in the Central Bureau of Investigation FIR registered in the Delhi liquor policy case. Thereafter, he resigned as CM and Atishi Marlena took oath as the new CM on Saturday.

Earlier, the Delhi Government had informed the Court that the processing of remission pleas had been stalled because the then CM Kejriwal was unable to sign the necessary files due to his incarceration.

Clauses (i) and (vii) of Section 45I(4) of the Government of National Capital Territory of Delhi Act, 1991 require the Chief Minister's approval before remission files can be forwarded to the Lieutenant Governor.

Thereafter the Court had inquired whether there was any restriction on Kejriwal performing his official duties from jail.

The Court has earlier directed the Delhi Government to take a decision on the petitioner's request for permanent remission. On May 10, 2024, the Court ordered the State to decide on the remission plea within two months. This deadline was extended by a month on July 19, 2024, but the decision remained pending.

Now. the Supreme Court has extended the time for the decision by three weeks and listed the case for further hearing on October 18, 2024.

Case no. – SLP(Crl) No. 4763/2024

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