Supreme Court asks if Delhi CM can clear remission from jail

Decisions on remission cannot be stalled for want of the signature of a chief minister, the Supreme Court said on Friday as it wished to know whether jailed Delhi CM Arvind Kejriwal is prohibited from signing crucial files relating to a convict’s premature release.
The court made the observation as it considered the case of a convict serving a life term, who had filed a petition for premature release, but whose file had stalled, with the Delhi government stating that Kejriwal’s signature was required before the plea could be sent to lieutenant governor VK Saxena for final approval.
Seeking a response from the Delhi government in two weeks, a bench headed by justice AS Oka said, “The state has to address this question whether there is any prohibition on the CM dealing with files of premature release cases while he is in custody.”
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Posting the matter for September 23, the bench, also comprising justice Augustine George Masih, said, “We want to examine this whether there is any restraint order on the chief minister from performing his (official) duties from jail. This needs to be examined as this question will affect hundreds of lives.”
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The case in question involved convict Harpreet Singh, who is serving a life sentence and had earlier this year filed a petition to be considered for premature release. In May, the Supreme Court had granted the state two months to decide on Singh’s plea, and released him on furlough. In July, when the matter was last heard, the state said that the remission board was considering his plea, and the court gave the government another month to complete the exercise.
However, on Friday, additional solicitor general (ASG) Aishwarya Bhati, appearing for the Delhi government along with senior advocate Archana Pathak Dave, told the court that the file is awaiting the signature of the CM before it can be forwarded to LG Saxena.
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The court asked, “Is there any restraint on CM signing such important files when he is in detained in a case?… These matters cannot be stalled like this. You must tell us or else we will have to exercise our powers under Article 142 of the Constitution.”
Article 142 is an extraordinary power of the Supreme Court, by which it can pass any order to do complete justice in any case. In the present context, the court hinted at using its constitutional power to grant remission.
Bhati informed the court that under the Government of National Capital Territory of Delhi (GNCTD) Act of 1991, amended recently in 2023, the file for remission must be placed before the CM who then forwards it to LG. She agreed to take instructions on whether the CM, who is detained as an undertrial prisoner, can be permitted to sign on the files.