Delhi HC seeks AAP govt response over BJP MLAs plea seeking CAG reports in Assembly

New Delhi: The Delhi High Court has requested the Aam Aadmi Party (AAP) government to respond to a petition filed by several Bharatiya Janata Party (BJP) MLAs. The plea seeks a directive for the government to present twelve Comptroller and Auditor General (CAG) reports concerning liquor duty, pollution, and financial management before the Delhi Legislative Assembly.

Justice Sanjeev Narula, presiding over the case, issued notices to key parties, including the Delhi government, the Legislative Assembly Speaker, the Lieutenant Governor (LG), the CAG of India, and the Accountant General (Audit) of Delhi. The matter is set to be heard again on December 9.

The petition was led by Vijender Gupta, the Leader of the Opposition in the Delhi Assembly, along with BJP MLAs Mohan Singh Bisht, Om Prakash Sharma, Ajay Kumar Mahawar, Abhay Verma, Anil Kumar Bajpai, and Jitendra Mahajan. Their argument centers on the alleged delay in tabling the CAG reports for the fiscal years 2017-2018 to 2021-2022, which they claim are pending with Delhi Chief Minister Atishi, who also manages the finance portfolio.

During the court proceedings, the lawmakers’ counsel requested an expedited hearing due to “compelling reasons.” However, legal representatives for one of the respondents suggested that the petition was politically motivated, hinting at a potential misuse of the judicial process for partisan gain.

The plea contends that the L-G has repeatedly requested these reports but has not received them from the Chief Minister. The BJP MLAs argue that this failure to present the reports not only violates constitutional obligations but also undermines the principles of transparency and accountability that are essential for democratic governance.

In their petition, filed by advocates Neeraj and Satya Ranjan Swain, the MLAs expressed frustration over previous attempts to engage the Chief Minister, Chief Secretary, and the Assembly Speaker regarding the pending reports, which have not yielded any results. They assert that “despite the L-G’s repeated requests and constitutional obligations, these reports were not sent to him and could not be tabled in the Delhi legislative assembly.”

The petition emphasises that the withholding of these vital documents constitutes a “deliberate suppression of information,” which hinders the scrutiny of government actions and expenditures. The lawmakers argue that this lack of transparency raises serious concerns about the government’s financial propriety.

To address this issue, the petitioners are seeking an order for the finance department to submit a proposal to the L-G. They cite relevant legal frameworks, including Article 151(2) of the Constitution of India, Regulation 210(1) of the Regulations on Audit and Accounts, 2007, and Section 48 of the Government of National Capital Territory Act, 1991.

The outcome of this case could have significant implications for the AAP government’s accountability and transparency practices, as it brings to the forefront the ongoing tensions between the ruling party and the opposition regarding governance issues in the capital. As the December hearing approaches, all eyes will be on the responses from the AAP government and the subsequent legal interpretations surrounding this matter.