Can’t entertain every dispute between Delhi Govt, L-G: SC

New Delhi, December 15

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Why should “every dispute” between the Delhi government and the Lieutenant Governor (LG) land in the apex court, the Supreme Court observed on Friday and asked the Delhi Commission for Protection of Child Rights (DCPCR) to approach the high court with its grievance.

Tells child rights body to move HC

• A Bench headed by Chief Justice DY Chandrachud said, “What is happening is, every dispute, all and sundry, between the Delhi Government and the L-G is coming here as an Article 226 petition.
• The Bench told senior advocate Gopal Sankaranarayanan appearing for the DCPCR to move Delhi High Court.

The DCPCR had approached the Supreme Court over alleged freezing of its funds.

“What is happening is, every dispute, all and sundry, between the Government of the NCT of Delhi and the Lieutenant-Governor is coming here as a Article 226 petition,” a bench headed by Chief Justice DY Chandrachud said.

Article 226 of the Constitution deals with power of the high courts to issue certain writs.

The bench, also comprising Justices J B Pardiwala and Manoj Misra, observed on Thursday, it dealt with a plea by Delhi Government challenging L-G VK Saxena’s decision to terminate the services of all civil defence volunteers working as marshals in DTC buses.

“Go to the Delhi High Court. Why should we entertain a petition under Article 32 here,” the bench told senior advocate Gopal Sankaranarayanan, appearing for the DCPCR.

Sankaranarayanan said the plea filed by the commission was a little different from other disputes between the Delhi Government and the L-G which have landed before the apex court so far.

“This is a commission and the commission’s money has been frozen,” he said.

The CJI told him that the apex court has entertained pleas dealing with broader constitutional issues.

“Now go to the high court,” Justice Chandrachud said.

Sankaranarayanan, while putting forth his argument, said the funds of the commission cannot be frozen. “How can six million children of the state be told that not a penny is going to come to the commission,” he said.

“That is why high courts are there,” the bench told him and asked “Why are you bucking the Delhi HC?” “Everything between the Delhi government and the Lieutenant Governor is coming here every two days. Bus marshal scheme was discontinued and we got a petition under Article 32,” the CJI said.