The Arvind Kejriwal-led administration was criticized by the Delhi High Court on Friday for project delays and inadequate supplies to MCD schools, implying that power should take precedence above governance.
During the hearing, Shadan Farasat, representing the government, stated, under instructions from Delhi Urban Development Minister Saurabh Bharadwaj, that the delegation of power necessitates the consent of Chief Minister Arvind Kejriwal, who is presently in judicial custody.
Acting Chief Justice Manmohan emphasized the judiciary’s independence, voicing apprehension regarding the Delhi government’s assertion that Kejriwal could administer from custody. This assertion was leading the court down an unintended path.
“This decision is within the jurisdiction of your administration… We’ve consistently opposed it… If you’d like our input, we’ll provide it with full force… No further instructions are needed at this point. We’ll issue an order. We’ve politely emphasized that national interest takes precedence. However, your client has prioritized personal interests above all,” remarked the Acting Chief Justice.
The court was informed by the MCD commissioner that contracts exceeding ₹5 crore can only be approved by the standing committee. If the committee is not constituted, there exists a gap in authority.
As a court, our role doesn’t involve the distribution of books, uniforms, and similar tasks We’re intervening because there’s a failure in fulfilling these responsibilities elsewhere Your client seems solely focused on acquiring power. I wonder how much power you seek. The issue arises because you’re attempting to seize authority, which is why you’re facing obstacles in gaining genuine power, remarked the court.
The bench also commented that because the standing committee has not been formed, numerous projects in the national capital are at a standstill. “Either the one instructing you lacks compassion, lacks insight, or has chosen to turn a blind eye. This document indicates that projects are halted,” stated the Acting Chief Justice.
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The court also took judicial notice of what was going on in the House of the Delhi government, noting that “people are pushing each other.”