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The court said the Delhi government was “interested in monopolizing power”. (File)
The Delhi High Court on Friday slammed the civic body over the issue of non-supply of books to children studying in MCD schools and said Arvind Kejriwal’s continued tenure as Chief Minister even after his arrest is putting political interests above the national interest.
The court said the Delhi government was “interested in seizing power”.
The AAP countered that non-constitution of a standing committee has brought the civic body’s activities to a halt. The issue of non-constitution of a standing committee, the highest decision-making body of the Municipal Council of Delhi (MCD), is pending in the Supreme Court, the AAP said in a statement.
“The LG appointed councillors (nominated councillors) illegally. As a result, standing committees could not be constituted. The LG is responsible for not constituting standing committees, due to which MCD activities have come to a halt,” the party alleged.
The court’s observation came after the Delhi government’s lawyer said the case required certain approvals from Arvind Kejriwal, who is in custody on charges of money laundering linked to the 2021 Excise Policy.
The court had previously “politely” stressed that the national interest was “paramount” but said the case had highlighted “what went wrong” and that it would issue an order on the matter on Monday.
“Unfortunately, you have put your own interests above the interests of the students, the children who are studying. It is very clear and we intend to make a verdict that you have put your political interests first.”
“Such behaviour is extremely unfortunate. It is wrong and that has been highlighted in this case,” a bench of Interim Chief Justice Manmohan and Justice Manmeet P.S. Arora said.
The court told the Delhi government’s lawyer that his client was “only interested in seizing power”.
“I don’t know how much power you want. The problem is that you are trying to monopolise power and that is why you do not have power,” the statement said.
If he wants to “paralyze” the administration, it is his personal decision, the court noted.
The court further stated that a leader must “lead all” as “one person cannot dominate”.
The Delhi government’s lawyer said he would not appear on behalf of the Chief Minister and assured the court that the issue of non-supply of education materials would be resolved once the Municipal Council of Delhi (MCD) commissioner formally seeks financial approval even in the absence of a standing committee of the civic body.
“We record your statement that nothing can be done as the Chief Minister is in custody. If it is his personal decision, then best of luck,” the court said, noting that the Delhi government’s counsel appeared on the instructions of Urban Development Minister Saurabh Bharadwaj. “It is your choice whether the Chief Minister continues in office despite being in jail. We are forced to say this. This is the will of your administration. You have asked us to follow that path and we will do our utmost,” Justice Manmohan said.
The court was dealing with a PIL filed by NGO Social Jurist, represented by lawyer Ashok Agarwal, which had highlighted that study materials and other statutory benefits have not been provided to students of MCD schools even after the start of the new academic year.
The MCD commissioner had earlier said the facilities were not allotted because a standing committee with powers to award contracts worth more than Rs 5 crore was not constituted.
The court had ostensibly said that in the absence of a standing committee, there could be no vacuum and in such a situation, the Delhi government must immediately delegate financial powers to another appropriate authority.
Delhi government’s counsel on Friday said the MCD commissioner would be free to seek necessary financial approvals even in such circumstances and an appropriate resolution would be passed.
“You are saying that you will pass a resolution when you cannot even select the committee?…Do you want the judiciary to know what is going on in Parliament and how people are exerting pressure on each other?” the court said.
The court noted that some projects related to the distribution of books and medicines were apparently stalled and asked, “Do you have no heart? Don’t you sympathize with them?” He added, “I don’t think you have any idea. I think you’re just shedding crocodile tears.”
It was reported that the Delhi government has no sympathy for the common man.
“The desks and chairs are broken. Would the Mayor want his children to study like this? Would the Mayor want his children to study in a place where the desks are broken?” the court asked.
(Except for the headline, this story has not been edited by NDTV staff and is published from a syndicated feed.)
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