Will soon decide remission pleas of convicts as new CM in place, Delhi govt assures Supreme Court
Supreme Court of India
New Delhi: The Delhi government on Friday assured the Supreme Court that remission pleas of convicts lodged in prisons in the national capital will be processed soon since Aam Aadmi Party leader Atishi has taken charge as the Chief Minister.
A bench, headed by Justice Abhay S. Oka, was apprised that the early release applications of convicts lodged in Delhi prisons, which were stalled due to the lack of Chief Minister's signature, will be decided soon.
The top court, in a hearing on September 6, flagged the delay in processing remission pleas of convicts lodged in Delhi prisons when Chief Minister Arvind Kejriwal himself was in jail in the excise policy scam and could not have signed official files from Tihar Jail.
It had asked the Delhi government to clarify if there was any restraint order against Kejriwal in dealing with files pertaining to the premature release of convicts when he himself remained behind bars in a corruption case.
Remission files could not be forwarded to the Lt Governor’s (L-G) office due to the lack of the signature of the then Chief Minister.
Observing that remission, which relates to the right of liberty of convict, cannot be stalled for want of signature of the Chief Minister, the SC had suggested that it would not hesitate to exercise its power under Article 142 to do "complete justice" in the matter.
Atishi was sworn in as the Chief Minister on Saturday, following Kejriwal's resignation soon after his bail in the liquor policy scam by the Supreme Court, and took charge on Monday.
Taking note of the changed circumstances, the Supreme Court asked the Delhi government to decide, within 3 weeks, the remission pleas of the convicts.
As per the procedures, the Delhi government recommends for premature release of convicts from prison and, thereafter, the proposal is submitted to L-G for approval. And, before a prisoner's plea reaches the L-G, the file has to bear the signature of the Chief Minister.