'Delhi Govt Only Interested In Appropriation Of Power': High Court On Failure To Supply Books In MCD Schools
The Delhi High Court on Friday rapped the Delhi Government over stalling of projects in the national capital and non-supply of books and uniforms to children studying in MCD schools, observing that the government is just interested in appropriation of power and nothing is working at the ground level.During the hearing today, Delhi Government's counsel Shadan Farasat, on instructions from...
The Delhi High Court on Friday rapped the Delhi Government over stalling of projects in the national capital and non-supply of books and uniforms to children studying in MCD schools, observing that the government is just interested in appropriation of power and nothing is working at the ground level.
During the hearing today, Delhi Government's counsel Shadan Farasat, on instructions from Delhi Urban Development Minister Saurabh Bharadwaj, told court that delegation of power can be done only with the consent of Chief Minister Arvind Kejriwal who is presently in judicial custody.
To this, Acting Chief Justice Manmohan said that it was Delhi Government administration's call to say that the government will continue to run even if Kejriwal is in jail and that the government was forcing the court to go down a road which it did not intend to go.
“This is your administration's call…. We have been resisting it all throughout… If you want us to comment on it, we will come down with all rigour….No instructions are required now. We will pass an order. We have said it politely that national interest will come supreme. But your client has kept personal interest at the highest,” ACJ said.
He added: “Your minister is saying that the CM is inside so we cannot take a call. You're forcing us to make a comment. You are leaving us with no opportunity but to say all this.”
The plea sought a direction upon the MCD to ensure that all the students have operational bank accounts and that benefits be provided to them through bearer cheques till these accounts are opened.
Earlier this week, the court was informed by the MCD Commissioner that only the standing committee has the power to award contracts worth more than Rs. 5 crores. The bench had then said there cannot be a vaccum and if the standing committee is not formed due to any reason, the financial power needs to be delegated to an appropriate authority by the Delhi Government.
“As a court, distribution of books, uniforms etc… this is not our job. We are doing this because someone is failing in their job…Your client is just interested in power. I don't know how much power do you want. The problem is because you are trying to appropriate power which is why you are not getting power,” Court said.
The bench further remarked that due to non formation of the standing committee, many projects in the national capital are stalled. “Either the one giving you instructions has no heart, has no eyes or has decided not to see anything. This document shows that projects are stalled,” ACJ said.
The court further said that it will take judicial notice of what was happening in the House of the Delhi Government, observing that “people are pushing each other.”
“How much power you people can appropriate to yourself? How interested is your client to get power? What is the point of all this? This is arrogance of power at its highest. This person is just looking for more power and power...You have placed your personal interest at the highest and not national interest. This document you've shown is an admission that nothing is working.”
“Your client doesn't feel… At the expense of children, no further time can be given. Where you're coming from, you'll not find a solution. Don't expect the court to give repeated opportunities. We are sitting at 5:45 PM to hear this...,” the court said further.
It added: “I am sorry to say you have placed your interest above the interest of the students, the children that are studying. That is very clear and we are going to give that finding that you have placed your political interest at a higher pedestal.”
The bench also remarked that the people who lead have to be liberal and they have to accommodate everyone and carry the institution together. “Very sorry to say, this is not happening in this case,” the court said.
The bench also told Delhi Government to not underestimate its guts, power and ability to pass a judicial order. It added that children are not a trading community for the court and that the issue in hand needs to be dealt with forthwith. “They don't have notebooks, notepads, books and uniforms. And they are studying in tin shades. We don't think its fair,” the court said.
The bench said that it will pass a detailed order on Monday and will also record Saurabh Bharadwaj's name and the instructions given by him.
Earlier, the MCD Commissioner told court that over 2 lakhs students studying in the school administered by the civic body do not have bank accounts and are neither been distributed notebooks nor receiving cash reimbursement for uniforms, school bags and stationary.
The bench had then said that the students going to school and promoted to new class without books and uniforms would loose interest, which will have harmful affects on them.
The court had noted that one of the major reasons for non distribution of uniforms, textbooks etc to the students is stated by the MCD, in its affidavit filed on April 20, to be non formation of standing committee.
The plea seeks a direction upon the MCD to ensure that all the students have operational bank accounts and that benefits be provided to them through bearer cheques till these accounts are opened.
Title: Social Jurist v. Gnctd & Ors.