Why every Delhi govt-LG dispute landing here, asks Supreme Court

The court transferred a petition filed by DCPCR to the Delhi high court for considering their challenge against freezing of funds by LG’s office

Every dispute between the Delhi government and the Lieutenant Governor need not come to the Supreme Court, the apex court remarked on Friday while transferring a petition filed by Delhi Commission for Protection of Child Rights (DCPCR), a statutory body under the Delhi government, to the Delhi high court for considering their challenge against the freezing of funds by the LG’s office.

A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud asked, “Why is every dispute, all and sundry, coming to the Supreme Court?” (ANI)

A bench headed by Chief Justice of India (CJI) Dhananjaya Y Chandrachud asked, “Why is every dispute, all and sundry, coming to the Supreme Court?” as the DCPCR told the court that due to LG’s decision to conduct an audit, a statutory body was unable to function independently, and by freezing its funds, the welfare measures intended for six million children in the city were in jeopardy.

The bench, also comprising justices JB Pardiwala and Manoj Misra, said, “Yesterday, we dealt with a similar matter regarding services of bus marshals in Delhi Transport Corporation buses. We asked them to go to the high court. You also go to the high court.”

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Presently, there are two petitions pending before the top court where the Delhi government has challenged two separate orders passed by the National Green Tribunal appointing LG VK Saxena as the head of an interdepartmental committee to tackle pollution in Yamuna river in one case and in another case as head of a high level committee to deal with solid waste management in the Capital.

Recently, the Delhi government approached the top court seeking participation in the selection process of chief secretary but the top court on November 29 dismissed the plea by allowing Centre to grant an extension of six months to the present incumbent Naresh Kumar.

Senior advocate Gopal Shankaranarayanan appearing for DCPCR, said, “Every single matter relating to Delhi government and LG is coming to this court. I am only on the question how can a statutory body be told you will not receive funds.”

To this, the apex court bench said, “Why are you bucking the Delhi high court. This essentially is not a constitutional issue. The Delhi high court can hear this matter. Why should every dispute between the Delhi government and LG be coming to this court in every two days?”

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The DCPCR lawyer clarified, “I have nothing to do with the Delhi government. We are only saying don’t freeze our funds. Interest of six million children is at stake.”

Agreeing to the court’s suggestion, DCPCR agreed to approach the Delhi high court, but said that the statutory body is headless and its members have retired on December 1. The petition in the apex court was filed on November 28, just prior to the last member’s retirement.

Realising this problem, the court ordered, “Considering the nature of grievance addressed before us, we are of the considered view that the petition under Article 226 of the Constitution of India (relating to high court’s writ jurisdiction) will be the appropriate remedy.”

It further said, “Since the tenure of members and chairperson of DCPCR has ended on December 1, a fresh petition cannot be instituted at this point of time.” The court directed the Supreme Court registry to transfer the case to the Delhi high court where the matter will be taken up.

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In the petition filed by advocate Talha Abdul Rehman, the Delhi commission said, “The cessation of funds will undermine the commission’s ability to monitor children’s homes, negatively impacting the implementation of care mandated by the Commission for Protection of Child Rights (CPCR) Act, 2005 and DCPCR Rules, 2008.” The petition objected to an audit of DCPCR funds ordered by the office of the LG on November 10, on the recommendations of the women and child development department (WCD) of the Delhi government.

Saxena approved a proposal by the WCD department to initiate an inquiry and order a special audit into allegations of misuse of government funds in the functioning DCPCR, officials in the LG office said.

HT reported at the time that officials in the LG office said that according to the WCD department, the salary components in DCPCR increased from ₹17 lakh in 2017-18 to ₹2 crore in the current fiscal as several consultants were hired, and the salary of the chairperson and members was increased without LG’s approval.

The officials said that DCPCR has not adhered to provisions envisaged in the Commission for Protection of Child Rights (CPCR) Act, 2005 and DCPCR Rules, 2008,. They said the LG has directed that no further request for funds by DCPCR will be entertained before the completion of the audit.

DCPCR, however, said it has followed all procedures and taken the necessary approvals.