The Arvind Kejriwal-led Aam Aadmi Party government accused the Lieutnant Governor of attempting to thwart its move to appeal in the Supreme Court against the Delhi High Court verdict declaring the National Capital a Union Territory and the LG its administrative captain.
In one of its seven special leave petitions summarised in a note circulated by Delhi government lawyers after the court hearing before a Bench led by Justice A.K. Sikri on Friday, the Delhi government accused Mr. Jung of “making deliberate attempts to stall the functioning of the Government of National Capital Territory of Delhi (GNCTD)”.
It accused the LG of “making all possible attempts to prevent the petitioners (Delhi government) from approaching the Supreme Court”.
These attempts included delaying and frustrating the filing of the appeals by the Delhi government and even denying it proper legal representation. It said the LG, post the HC judgment on August 4, had on August 12 directed the withdrawal of the Delhi government's appointed panel of advocates and senior advocates.
The note claimed that Mr. Jung has been sitting on files regarding the release of payments to advocates and senior advocates who represented the Delhi government. It said the LG’s actions appeared to be a “clear attempt to prevent representation of cases by the GNCTD, thereby frustrating the legal process, precluding access to justice and subverting the due process of law”.
“The intention and purpose of all this is to frustrate the legal machinery legitimately put in order by the GNCTD to prosecute all its matters diligently and efficiently... the LG's actions are prima facie illegal, antithetical to the principles of democracy and amounts to subversion of the constitutional rights conferred upon the petitioners (GNCTD),” it said.
The note claimed that none of its own senior officers were ready to affix their signature on the seven petitions filed by the Delhi government. It alleged that the officers were hesitant after the LG had directed them to first get his clearance before filing the petitions in the Supreme Court. It said Mr. Jung's alleged interference had “compelled” Deputy Chief Minister Manish Sisodia and State Home Minister Satyendra Jain to flout the Rules of Business and sign on the affidavits accompanying the appeals and execute the vakalatnamas so that the petitions could at least be filed in the Supreme Court on time.
‘Officers coerced’The note alleged that when LG heard that the petitions were filed in the Supreme Court, he had summoned the law department officials and asked them to reveal the details of the officers who had signed the affidavits. “When the said senior officers claimed ignorance about the details, junior officers were called and enquired. Such impromptu enquiry by the office of the Lieutenant Governor had a detrimental effect on the functioning of the officers of the GNCTD.”
The note also claimed that it had “reliably learnt” that the LG was of the view that the filing of these petitions “was not required and the same must not have been done without the prior approval of the Lieutenant Governor”.
