L-G Secretariat accuses govt of misleading courts

New Delhi, April 4

The Lieutenant-Governor’s (L-G) Secretariat, in a letter addressed to the Union Home Secretary on Thursday, highlighted multiple alleged instances of violations by the Government of National Capital Territory of Delhi (GNCTD) concerning its interactions with the Supreme Court and the Delhi High Court.

Cases cited in letter

• Multiple cases, including ‘GNCTD vs L-G’ have become common in various courts, often aimed at creating a negative public image of the L-G
• A writ petition lodged by the GNCTD against the L-G, aimed at securing funds for Delhi Jal Board, was deemed a smokescreen, as the L-G had no authority over finance and water matters. The SC declined to issue a notice to the L-G.
• The DCPCR withdrew its petition against the L-G after 10 hearings. The withdrawal came in light of contested claims made by a special counsel appointed by the L-G Secretariat, wherein the L-G’s stance on the matter was allegedly misrepresented.

Citing Section 45 (J) (4) of the GNCTD Act, 1991, and Rule 23 (iii) of the Transaction of Business Rules, 1993, the letter underscored the protocol necessitating the submission of matters affecting judicial relations to the L-G for approval through the Chief Secretary and the CM prior to issuing any orders.

The letter raised concerns about concerted efforts to deceive the courts, including accusations of submitting motivated and premeditated petitions containing false affidavits.

In reference to a case titled “GNCTD vs Lt Governor”, it was asserted, “The apparent endeavours, apart from misleading the courts, are aimed at crafting a false media narrative that tarnishes the constitutional office of the L-G in the public domain.”

The letter also cited another case concerning the enhancement of infrastructure in the Delhi HC and subordinate judiciary, where the SC criticised the GNCTD for delays in disbursing funds approved by the HC. This delay resulted in a severe shortage of courtrooms.

“Projects related to various district courts have remained unresolved despite receiving HC approval since 2019,” the letter highlighted.

Furthermore, the letter delineated the measures undertaken by the L-G to address these issues, including the invocation of Rule 19(5) of the Transaction of Business Rules, 1993, to expedite the clearance of pending files related to judicial infrastructure.

In another instance, the letter pointed out a writ petition filed by a Delhi minister seeking directives to release funds to the Delhi Jal Board (DJB), which was described as a “smokescreen” to discredit the L-G office. It emphasised that the L-G lacked jurisdiction over transferred subjects such as finance and water.

Furthermore, the letter highlighted a case concerning the excise policy, where delays in submitting a committee report were erroneously attributed to the L-G’s office. This led to directives for disclosing complete facts and taking action against the misrepresentation of facts.

Additionally, the letter addressed a writ petition regarding the re-operationalisation of the ‘Farishtey Scheme’, alleging attempts to falsely implicate the L-G in misleading the Supreme Court.

“While numerous similar cases are ongoing in different courts, it is crucial to note that such deceptive actions undertaken by the GNCTD, besides spending crores of rupees of the public exchequer in baseless litigation and wasting numerous valuable man-hours of public officials, also burden the already strained courts with frivolous lawsuits. Such endeavours, aside from misleading the courts, contribute to a confusing and distorted narrative that tarnishes the L-G’s image in the public eye,” the letter asserted.

“This communication aims to keep the Home Ministry informed of the developments in Delhi regarding unnecessary litigation in various courts initiated by the GNCTD,” it concluded.