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SC: Is There Any Restraint Order On Delhi CM Kejriwal Performing His Duties From Jail?

Delhi Chief Minister Arvind Kejriwal was arrested by the Enforcement Directorate (ED) on March 21 and the Central Bureau of Investigation (CBI) on June 26 in connection with the alleged excise policy scam. Currently, he is in jail in CBI’s case.

Supreme Court asks is there any restraint order on Delhi Chief Minister Arvind Kejriwal performing his duties from jail
File photo of Supreme Court (Getty Images)

By Sumit Saxena

Published : Sep 6, 2024, 8:23 PM IST

New Delhi:The Supreme Court on Friday asked the Delhi government, is there any restraint order on Delhi Chief Minister Arvind Kejriwal performing his duties from jail?

Kejriwal was arrested by the Enforcement Directorate (ED) on March 21 and the Central Bureau of Investigation (CBI) on June 26 in connection with the alleged excise policy scam. Currently, he is in jail in CBI’s case.

A bench comprising Justices Abhay S Oka and Augustine George Masih was hearing a plea filed by a convict alleging delay in remission of his sentence. The apex court was informed that the files in connection with the remission of sentences of eligible convicts were getting delayed in the absence of Kejriwal's signature.

The bench asked the Additional Solicitor General Aishwarya Bhati, is there any restraint order on the Chief Minister performing his duties from jail? The bench said it wants to examine it, as it will affect hundreds of cases.

The bench said there would be many files, 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?", the bench queried. Bhati said she will take instructions regarding the issue and get back to the court.

State governments, under section 432 of the CrPC, may remit the whole or part of the punishment to which a convict has been sentenced based on factors such as the prisoner's conduct, rehabilitation, health and time served in prison.

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