Is there any restraint order on Delhi CM Kejriwal performing his duties from jail, asks SC

The court said it wanted to examine the issue as it will affect several cases.

“Is there any restraint order 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. Whether there is any restraint on the Chief Minister signing such important files?” asked Justice Oka.

Stating that these matters cannot remain pending, he added that if there is any impediment to signing files in jail, the court may have to exercise its powers under Article 142 of the Constitution to prevent further delays.

Article 142 of the Constitution of India empowers the Supreme Court to pass any decree or order necessary for doing complete justice in any case or matter pending before it.

On April 10, the court granted furlough to the petitioner and on May 10, it had asked the state to decide on his request for remission within two months. The time was subsequently extended till July 19.

On Friday, the bench was informed that the process had come to a halt in view of the provisions of the Government of National Capital Territory of Delhi Act, 1991.

Additional Solicitor General Aishwarya Bhati said she would take instructions.

The court will hear the matter next on September 23.

Granting him interim bail in the money laundering case filed by the Enforcement Directorate (ED) in connection with the excise policy ‘scam’, the SC on July 12 directed that Kejriwal “shall not visit the Office of the Chief Minister and the Delhi Secretariat” or sign official files “unless it is required and necessary for obtaining clearance/approval of the Lieutenant Governor of Delhi”.

Kejriwal was arrested by the ED on March 21 in the money laundering case linked to the excise case. On June 26, the Chief Minister was formally arrested by the CBI in the corruption case linked to the “scam”. He is yet to get bail in the corruption case.