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HC refuses to order Assembly session to table 14 CAG reports

The Delhi High Court on Friday refused to direct the Speaker to convene a special session to table pending 14 Comptroller and Auditor General (CAG) reports in the legislative Assembly. However, the court came down heavily on the Delhi Government...
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The Delhi High Court on Friday refused to direct the Speaker to convene a special session to table pending 14 Comptroller and Auditor General (CAG) reports in the legislative Assembly.

However, the court came down heavily on the Delhi Government remarking that non-tabling of the CAG reports before the Assembly constitutes “a blatant violation of mandatory constitutional and statutory obligations.”

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The tabling of the reports included key issues such as Delhi’s liquor policy, vehicular pollution and public health among others.

Justice Sachin Datta was hearing a petition by seven BJP MLAs, including Leader of Opposition Vijender Gupta, seeking directions to Speaker Ram Niwas Goel to summon a special session to table the 14 pending CAG reports.

“Further, by withholding the reports and not submitting them in a timely manner to the Lieutenant Governor as required under Article 151(2) of the Constitution of India and Section 48 of the Government of NCT of Delhi Act, 1991, the respondents (Delhi Government) have breached their duty to ensure financial transparency and accountability,” the court said in its order.

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The HC also said the government had deliberately withheld the CAG reports for extended and prolonged periods “with an intent to suppress the findings in the CAG reports and to avoid their scrutiny in the legislative Assembly.”

The court in its order, however, said it could not direct the Speaker to summon a special session of the legislative Assembly.

Citing previous judgements, the court said: “However, judicial review as contemplated under the aforesaid judgments cannot be extended to procedural aspects such as the timing of convening a sitting of the Assembly after it has been adjourned sine die. Moreover, the concerned CAG reports have not yet been the subject matter of any “proceedings in the legislature”, which warrant any judicial review, given the confines set out in the aforesaid judgments.”

It further noted that withholding the CAG reports denies the public their right to know about the manner in which the public money had been dealt.

“By suppressing these reports, the Delhi Government is undermining the fundamental principles of accountability and good governance which are fundamental to the Constitution,” it added.

Meanwhile, the court’s order would come as a relief for the AAP-led Delhi Government since the reports had become a flashpoint between the AAP and the BJP ahead of the Assembly elections in February.

The court also noted that the term of the current Assembly is about to expire and the elections were only a few days away. “In such a situation, it will be impracticable to hold a special sitting of the Assembly,” it said.

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