Supreme Court Questions Kejriwal's Ability to Perform Duties from Jail

The Supreme Court questioned if there were any restrictions on Delhi Chief Minister Arvind Kejriwal performing his duties while in jail. The court's inquiry emerged after delays in processing files related to convicts' remission were reported. Legal experts believe while there's no constitutional bar, it's practically impossible to govern from jail.

The Supreme Court raised questions on Friday regarding whether Delhi Chief Minister Arvind Kejriwal can perform his duties from jail. The inquiry came after it was revealed that the processing of files related to the remission of eligible convicts' sentences was delayed due to the absence of Kejriwal's signature.

Under Section 432 of the Criminal Procedure Code (CrPC), state governments have the authority to remit part or all of a convict's sentence based on various factors, including conduct, rehabilitation, health, and time served. The observation was made by a bench comprising Justices Abhay S Oka and Augustine George Masih while hearing a plea alleging delays in remission.

The court questioned if there are any judicial orders restraining Kejriwal from performing his duties from jail and highlighted the administrative impact of such restraints. Additional Solicitor General Aishwarya Bhati assured the court that she would gather the necessary instructions on the matter.

Previously, the apex court had ordered the Delhi government to resolve remission queries within two months, later extending the deadline by a month in July. Kejriwal, who was arrested in connection with the excise policy scam, was granted interim bail on July 12.

Legal experts assert that although there's no constitutional hindrance to a jailed chief minister running office, practical challenges make governance from jail nearly impossible. Tasks like making cabinet decisions and signing official documents cannot be efficiently managed from imprisonment.

(With inputs from agencies.)