SC directs Delhi govt to decide on remission plea of live convict within 3 weeks

The Supreme Court on Monday directed the Delhi government under the new chief minister Atishi to decide on the remission plea of a life convict within three weeks after the court had earlier expressed disappointment over the decision being delayed due to then chief minister Arvind Kejriwal’s inability to sign on official files while in jail in the Delhi excise case.

A bench headed by justice AS Oka said, “Now the difficulty will not arise,” after it was informed by the Delhi government that the new CM had taken over.

“You can take orders from the CM,” said the bench, also comprising justice Pankaj Mithal, as it posted the matter on October 18. The court granted three weeks to the Aam Aadmi Party (AAP) government to take a call on the pending remission plea.

Additional solicitor general (ASG) Archana Pathak Dave, appearing for Delhi, assured the court that a final decision will be taken within three weeks. “Accordingly, we extend the time granted earlier by a period of three weeks.”

The matter was last heard on September 6 when the court took serious exception to decisions on remission concerning personal liberty being stalled for want of the signature of a chief minister. The court had then remarked, “We want to examine whether there is any restraint order on the chief minister from performing his (official) duties from jail. This needs to be examined as this question will affect hundreds of lives.”

The court was hearing a petition filed by convict Harpreet Singh, who is serving a life sentence and had earlier this year filed a petition to be considered for premature release. In May, the Supreme Court had granted the state two months to decide on Singh’s plea while releasing him on furlough. In July, when the matter was last heard, the state said that the remission board was considering his plea, and the court gave the government another month to complete the exercise.

On the previous date of hearing, the Delhi government said that the file relating to the convict is pending for receiving Kejriwal’s signature before forwarding it to lieutenant governor VK Saxena for final approval.

The top court had asked the Delhi government to inform whether there was any prohibition on the CM dealing with files of premature release cases while being in custody and said that it will not hesitate to use its extraordinary power under Article 142 of the Constitution to release the prisoner in question.

Under Article 142, the Supreme Court can pass any order to do complete justice in any case. According to the state, the CM’s signature is mandatory under the Government of National Capital Territory of Delhi (GNCTD) Act of 1991, amended recently in 2023 before getting LG’s approval.