Excise policy row: L-G VK Saxena accuses Delhi Govt counsels of perjury

New Delhi, February 7

Lieutenant Governor VK Saxena on Wednesday took strong exception to what he described as “misleading and false statements by the state government before the Delhi High Court” relating to the preparation of an authoritative list of conforming and non-conforming wards in the city for the purpose of implementation of the now withdrawn New Excise Policy 2021-22.

Saxena stated that the actions of the Delhi Government counsels amounted to ‘perjury’ and constituted an ‘attempt to malign the constitutional office of the Lieutenant Governor’. He called upon the state government to take action against the advocates involved and bar them from appearing before courts pending further action.

Citing official notations in the matter, Saxena highlighted that the file for approval of the committee’s report on the issue was only received at the L-G Secretariat on January 16, one year and five months after it was initially moved for L-G’s approval on August 18, 2022. Despite this timeline, “advocates representing the state government continued to inform the High Court from September 2022 until December 2023 that the file was pending with the L-G,” Saxena pointed out.

The L-G named advocates Arun Panwar and Santosh Tripathi, stating that “they are indulging in perjury in the name of L-G, and their actions amount to contempt of court”.

Saxena expressed his dismay at the case, describing it as a sad reflection on the manner in which state government counsels made false statements, projecting the L-G and his office in a poor light before the court.

Providing a chronological account of events, the LG explained that the file was received in his Secretariat for approval on January 16, 2024, following recommendations and approvals from Finance Minister Atishi on January 9 and CM on January 16.

“The proposal to seek the Lt Governor’s approval for placing before the High Court was first moved on August 18, 2022, and was moved down on file by the then Finance/Excise Minister, Manish Sisodia, on August 26, 2022, who again moved it down on October 11, 2022,” Saxena elaborated.

Instructing the submission of the report, Saxena highlighted that the deliberate misleading of the court led to the court requesting the L-G to make a decision on the report as expeditiously as possible, preferably within six weeks.

Referring to the High Court’s observation on December 4, 2023, which noted that “one year and nine months have passed and repeated adjournments have been taken by the respondent on the ground that the report from the Lt Governor is still awaited”, Saxena urged the state government to make a full disclosure in an affidavit, acknowledging that the delay in submission was attributable to the state government.

The L-G further stated that action should be taken against the standing counsel for presenting facts in a twisted manner before the High Court, which amounts to lowering the dignity of this office, apart from perjury and contempt of court. “Pending such action, the advocates should be debarred from appearing before the courts on behalf of the government with immediate effect,” the L-G directed, instructing the submission of the report to the court.

Sequence of events

• The Excise Commissioner’s proposal to submit the report of the committee, established in compliance with court orders regarding conforming/non-conforming wards for the opening of liquor vends, was forwarded for the L-G’s approval on August 18, 2022
• The proposal was twice delayed by then minister Manish Sisodia, once in Sept and again in Oct 2022
• Throughout this period, the government consistently informed the court that the report was pending with the L-G. This led the court to request the L-G to expedite the clearance of the file
• Atishi cleared the old proposal dated August 18, 2022, on Jan 9, 2024. The Chief Minister then cleared it on Jan 16 and sent it to the L-G for approval.