'Govt At A Standstill Due To Absence Of CM': Delhi High Court Raps Kejriwal

Underlining concerns over fundamental rights and accountability, the Delhi High Court on Monday rapped the state of governance in the national capital in the absence of Chief Minister Arvind Kejriwal.

The High Court’s remarks came amid ongoing debates on the functioning of the Delhi government, including the non-supply of books to the children studying in MCD schools, in light of Kejriwal’s recent arrest and subsequent absence from office. Citing the importance of Kejriwal’s role as CM, the court earlier stressed that his personal interests should not obstruct the fundamental rights of children or impede the government’s ability to carry out its duties effectively.

‘Shedding of crocodile tears’

The High Court criticised the Delhi government for shifting blame onto other institutions, describing such actions as mere “shedding of crocodile tears.” “If the party in power in GNCTD believed in the solution suggested in the minutes of the meeting dated 15th January 2024, nothing prevented it from moving a suo moto resolution in the MCD House authorising the Commissioner to make payment for text books, writing material and uniform. Consequently, the submission of learned counsel for the GNCTD blaming other institutions amounts to nothing but shedding of crocodile tears,” the court said.

“There is a ring of truth in the statement made by the Hon’ble Minister of Urban Development, Mr. Saurabh Bhardwaj that any increase in the financial power of the Commissioner, MCD shall require the Chief Minister’s approval. It amounts to an admission that the Delhi Government, due to absence of the Chief Minister is at a standstill,” it added. Shortly after the HC’s hearing, senior AAP leader Sanjay Singh announced that he would hold a press conference on the court’s decision.

‘Buzzing capital city like Delhi’

The High Court underlined that while no new policy decisions could be made in Kejriwal’s absence, the responsibilities associated with constitutional posts required swift and efficient decision-making, particularly in times of crisis or urgent need. “A Chief Minister’s post in any State, leave alone a buzzing capital city like Delhi is not a ceremonial post. It is a post where the office holder (when in office) has to be virtually available 24 x 7 to deal with any crisis or natural disaster like flooding, fire, disease, etc. National interest and public interest demands that no person who holds this post is incommunicado or absent for a long stretch of time or for an uncertain period of time,” the court said.

“Undoubtedly, no new policy decision can be taken but holders of Constitutional posts have to everyday take important as well as urgent decisions. For instance, the issuance of free textbooks, writing material and uniforms as well as the replacement of broken chairs and tables in accordance with the existing policies in the MCD schools is an urgent and immediate decision that brooks no delay and which is not prohibited during the model code of conduct,” it added.

Earlier on Friday, the Delhi HC came down heavily on the Delhi government over the non-supply of books to the children studying in MCD schools. The court said Kejriwal had put personal interest over the national interest by not resigning from the post of Chief Minister despite being in jail. A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora made these remarks while dealing with a PIL raising the issue of the poor condition of MCD schools because of the logjam in the civic body. The court had said the Delhi government was “interested in the appropriation of power”.

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