During a hearing on Friday regarding the delay in pardoning a convict’s sentence, the Supreme Court questioned whether Delhi Chief Minister Arvind Kejriwal is barred from performing his official duties while in jail. The court raised this issue when Delhi government’s lawyer informed the bench, led by Justices Abhay Oka and Augustine George Masih, that files could not be sent to the Lieutenant Governor without the Chief Minister’s signature. Currently, Kejriwal is in jail in connection with the alleged Delhi liquor scam.
The bench inquired whether there is any formal restriction preventing the Chief Minister from carrying out his duties while imprisoned, as many cases could be affected by this. They noted that various court orders involving the Chief Minister might involve important files that require his signature. The court wanted to determine if there is any prohibition on the Chief Minister signing such crucial documents while in jail.
Kejriwal has been in Enforcement Directorate (ED) custody since March 21, 2024, and was later arrested by the Central Bureau of Investigation (CBI) on June 26, 2024, while still in ED custody. The Supreme Court has reserved its judgment on his bail plea and his challenge to the CBI’s arrest. On July 12, the Supreme Court granted him interim bail in the money laundering case, while his petition challenging the ED arrest was referred to a larger bench. However, due to his arrest by the CBI, he remained in custody.
The court had previously directed the Delhi government to make a decision regarding the permanent exemption requested by the petitioner. On April 10, the court granted furlough to the petitioner, and on May 10, 2024, it instructed the state to decide on the permanent exemption within two months. This deadline was extended by one month on July 19, with the hearing scheduled for Friday. However, the Delhi government informed the court that the process is stalled due to certain provisions in the National Capital Territory of Delhi Government Act, 1991, Section 45-I (4).
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