‘Do more research’: Delhi HC defers hearing on PIL

The petition contended that the political affiliation of a public servant will result in rampant misuse of a public office for the political gains of the public servant in office and for the undue benefit of the political party which has appointed him.

A Delhi high court bench on Friday deferred the hearing in a public interest litigation (PIL) for the removal of members of political parties from various government posts, and directed the lawyer-petition to do more research into the matter.

‘Do more research’: Delhi HC defers hearing on PIL

The bench of chief justice Satish Chandra Sharma and justice Subramonium Prasad posted the matter for hearing on January 17.

“I am speechless…There are better issues. People are not getting treatment, they are not getting jobs…I can understand that kind of PIL,” the court observed while also questioning if there was any bar in law on politicians holding government positions. “Do some more research, then we will hear you,” the bench added.

Sonali Tiwari, the petitioner, had sought the formation of a committee for framing guidelines for appointment of persons holding official positions in political parties as public servants.

Questioning the nature of the petition, Justice Prasad remarked, “…without any specific provision which prohibits holding of such positions, you have tried to equate Prevention of Corruption Act with meaning of public servant under IPC, and then tried to say that public servant amounts to civil servant and therefore bar…which is why I am not able to join dots..Unless some more concrete reasons are shown.”

Senior advocate Sanjoy Ghose, appearing for the petitioner, said that people belonging to political parties should not be given government posts while they continue to hold important posts in the party.

The petition cited Bharatiya Janata Party (BJP) spokesperson Sambit Patra, who is the chairman of the India Tourism Department Corporation, BJP parliamentary board member Iqbal Singh Lalpura, who is the chairperson of the National Minorities Commission, Aam Aadmi Party (AAP) spokesperson Jasmine Shah who is the vice-chairman of the Dialogue and Development Commission of Delhi, and Rajasthan Pradesh Congress Committee member Chandrabhan Singh, who holds the post of vice-chairman of the 20-point programme implementation and coordination committee in the state.

The petition contended that the political affiliation of a public servant will result in rampant misuse of a public office for the political gains of the public servant in office and for the undue benefit of the political party which has appointed him. The petition has listed the Centre, the Delhi government, the state of Rajasthan, and the four political leaders as parties.