Can Arvind Kejriwal sign files from jail, Supreme Court asks Delhi Government

As several files relating to remission of sentences of eligible convicts in Delhi remain pending for want of Chief Minister Arvind Kejriwal’s signature, the Supreme Court on Friday sought to know if there was any order restraining him from performing his official duties from jail.

“Is there any restraint order on the CM 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 CM. Whether there is any restraint on the CM signing such important files?” a Bench of Justice AS Oka and AG Masih said.

SC Notice to Centre, Bihar on RJD plea

• The SC has issued notices to the Centre, Bihar Government and others on a RJD's plea challenging a Patna HC order quashing the amended reservation law in Bihar that increased the SC, ST, OBC quota from 50% to 65%
• The Court had on July 29 refused to stay the high court’s verdict striking down the law that increased quota

The court’s comments came after it was told by a counsel representing a convict granted remission that because of non-signature by the CM, the remission file could not be sent to the Lieutenant Governor for further action.

Additional Solicitor General Aishwarya Bhati said she would get back to the Bench after taking instructions as “there’s no precedent on this”.

“You have to… else we will have to exercise our powers under Article 142 of the Constitution because these matters can’t be stalled like this,” the Bench told Bhati and posted the matter for further hearing on September 23.

Under Section 432 of the CrPC, state governments are empowered to remit the whole or part of punishment of a convict based on his/her conduct, rehabilitation, health and time spent in jail.

In May, the top court had asked the NCT government to take a decision within two months on grant of permanent remission to a convict, but the matter remained pending as the CM continued to be in jail as an accused in cases linked to the excise policy ‘scam’.

Arrested on March 21 by the ED, the AAP national convener was released on a 21-day interim bail by the top court on May 10 to enable him to campaign in the Lok Sabha poll. However, it had restrained him from visiting the CMO and the Delhi Secretariat. He went back to the jail on June 2.

Later, the CBI arrested Kejriwal on June 26 in a corruption case linked to the excise policy ‘scam’. On July 12, the Supreme Court had granted interim bail to Kejriwal in the money laundering case. On September 5, the top court reserved its verdict on his bail plea in the corruption case.