The Delhi High Court on Friday criticized the city government for not providing books to students in MCD schools which require CM's approval and said that the political interests of Arvind Kejriwal, who remains as chief minister despite being in custody, are being prioritized over national interests.
The court reportedly said the Delhi government was "interested in appropriation of power".
The court's remarks were made in response to the Delhi government counsel's statement that the issue for providing books to MCD school requires approvals from Kejriwal, who is currently in custody due to an alleged money laundering case related to the 2021 Delhi excise policy.
In response to the Delhi court's remark, the Aam Aadmi Party stated that the work of MCD has been halted since its standing committee had not been formed. As per the Kejriwal-led party, the matter regarding the non-formation of the standing committee was pending before the Supreme Court of India.
"The LG illegally appointed aldermen (nominated councillors). As a result, the standing committee could not be formed. The LG is responsible for the non-formation of the standing committee due to which the work of the MCD was stopped," the party alleged.
What did the Delhi High Court say?
The court said that till now it 'politely' emphasized that national interest is 'supreme', but the current case has brought to light certain issues, and a decision will be made on Monday.
"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.
"It is very unfortunate that you have done this. It is wrong and that is what has got highlighted in this matter," said the bench of Acting Chief Justice Manmohan and Justice Manmeet P S Arora.
The court told the Delhi government lawyer that his client is "just interested in appropriation of power".
"I don't know how much power you want. The problem is because you are trying to appropriate power, which is why you are not getting power," it said.
It is the personal call of the chief minister if he wants the administration to be "paralysed", the court remarked.
The bench further said the persons who lead have to "carry everyone along" as it cannot be a case of "one man upmanship".
The Delhi government counsel said he was not appearing for the chief minister and assured the court that the issue of non-supply of educational material would be resolved if the Municipal Corporation of Delhi (MCD) commissioner makes a formal request for financial approvals even in the absence of the civic body's standing committee.
The court noted that the Delhi government counsel was appearing on instructions from the Urban Development Minister Saurabh Bharadwaj and stated, "We will record your statement that it is because the chief minister is in custody that I cannot do anything. If that's his personal call, good luck to him."
"Choice is yours that the chief minster will continue despite being in jail. We will have to say this. This is your administration's will. You are asking us to go down that track and we will come with full vigour," said Justice Manmohan.
The court was dealing with a PIL by NGO Social Jurist, represented by advocate Ashok Agarwal, highlighting the non-supply of educational material and other statutory benefits to students in the MCD schools even after the commencement of the new academic session.
"You people can't even elect your committee and you are telling us you will pass the resolution?... Do you want us to take judicial notice of what is happening in the house? How the people are pushing each other?" the court said.
The court remarked that several projects concerning distribution of books and medicines were admittedly stalled, and questioned, "Don't you have a heart? Don't you feel for them?"
"I don't think you are seeing any of this. I think you are just shedding crocodile tears," the court further said.
It said the Delhi government does not feel for the common man.
"Desks and chairs are broken.. Would any of the corporators like their children to study in that manner? Will the mayor like her children to study in a place where tables are broken?" asked the court.
The MCD commissioner had earlier stated that the non-distribution of the facilities was due to the non-formation of a standing committee which has the power to reward contracts worth more than Rs 5 crore.
The court had then prima facie said there could not be a vacuum in the absence of a standing committee and in such a situation, the financial power has to be delegated forthwith by the Delhi government to another appropriate authority.
On Friday, the Delhi government counsel said the MCD commissioner was free to seek the necessary financial approvals even in such situations and an appropriate resolution would be passed.
During the hearing, the counsel appearing for the Delhi government said that the standing committee could not be appointed due to the "unilateral" nomination of 10 aldermen to the commission by the Lieutenant Governor and the issue is pending before the Supreme Court.
He further said even for passing the MCD budget, the matter was directly sent by the commissioner to the corporation as there was no standing committee and the budget was passed.
