NEW DELHI: Supreme Court sought to know Friday whether there was any constraint on Delhi chief minister Arvind Kejriwal discharging his duties from jail, and signing files before they are sent to the lieutenant governor, reports Amit Anand Choudhary.
The SC’s poser was prompted by the delay in processing the remission plea of a convict in Delhi. While the court had asked the NCT govt on May 10 to decide the remission plea within two months, no decision has been taken till now.
The bench of Justices Abhay S Oka and Augustine George Masih was told that under the rules, the file could not be forwarded to the LG unless it was signed by the CM, who is in jail in the liquor policy case.
‘Address issue as hundreds of cases will be affected’
Is there any restraint on the chief minister 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 chief minister. Is there is any restraint on the chief minister signing such important files?” the bench asked.
It asked additional solicitor general Aishwarya Bhati to take instruction and brief the court on the matter on the next date of hearing.
The court noted in its order that as per Section 45I(4) clauses (i) and (vii) of the Government of National Capital Territory of Delhi Act, the proposal shall be submitted to the lieutenant governor for his opinion through the chief minister and the chief secretary before issuing any orders.
“It is contended that in view of the express provisions of clauses (i) and (vii), the proposal for consideration of the case of the petitioner cannot be forwarded to the lieutenant governor unless the file is placed before the chief minister who is detained as an under-trial prisoner. The state will have to address us on the question whether there is any prohibition on the chief minister dealing with files of cases while he is in custody. ASG to take instructions and address the court,” the bench said and posted the matter for Sept 23.
Kejriwal is in judicial custody in a corruption case relating to changes in Delhi’s excise policy and the order on his bail plea has been reserved by an SC bench. He was granted interim bail in a money laundering case related to the same case. He was arrested by ED on March 21 and CBI arrested him on June 26. While granting him interim bail in the ED case, SC had barred him from visiting the CM’s office and the Delhi secretariat so that the probe in the case did not get influenced. The court also said he shall not sign official files unless it is required and necessary for obtaining clearance and approval of the lieutenant governor.