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Delhi HC reserves verdict on BJP MLAs’ plea seeking tabling of CAG reports | Delhi News

Delhi HC reserves verdict on BJP MLAs’ plea seeking tabling of CAG reports | Delhi News


The Delhi High Court on Thursday reserved its judgment in a plea by seven BJP MLAs seeking the tabling of reports by the Comptroller and Auditor General of India (CAG) in the Delhi Assembly before the elections next month.

The Assembly Speaker, through Senior Advocate Sudhir Nandrajog, contended if the court can issue direction to Speaker and “whether any fruitful purpose will be served by issuing the direction because the time period of the present Assembly is hardly 20 days left in which the entire procedures as mandated under the Rules cannot be fulfilled”.

Nandrajog also countered the BJP MLAs’ plea, arguing that “it is not a case of any violation of fundamental right”. He further submitted that if it had been a fundamental right violation, “court in exceptional cases can intervene and adjudicate”.

“Another important aspect that must be kept in mind is this — CAG reports have to be considered by House committees. Suppose CAG report is of 2022-2023, there is no requirement that it has to be considered by this Assembly. The next Assembly that comes in has all the powers to consider the reports . The next public accounts committee (PAC) will have all the powers to scrutinise the reports and do whatever it wants to do. This is not a government or private resolution which will expire with the tenure of the Assembly. The agency shown by them (petitioners) is probably because of the ensuing elections,” he stated.

The bench was hearing a petition by Vijender Gupta, Leader of Opposition in the Assembly, and BJP MLAs Mohan Singh Bisht, Om Prakash Sharma, Ajay Kumar Mahawar, Abhay Verma, Anil Bajpai and Jitender Mahajan seeking the tabling of 14 CAG reports in the House.

Meanwhile, Senior Advocate Mahesh Jethmalani, appearing for the petitioners, said the matter cannot be delayed “to the last day”. “Idea is to look at the government of the day which has made the expenditure… the idea is to bring accountability to the government of the day…. They can’t delay this matter to the last day, they’re taking advantage of their own wrong. This is not an idle formality…point is these reports are important for Parliament [Assembly] and people to know. Opposition leaders are equally members of Parliament [Assembly]. If they’re allowed to get away with this it will be a fraud on the people and the Constitution,” Jethmalani said.

Addressing Nandrajog, Justice Sachin Datta remarked orally, “…in practice it may be more efficacious if done contemporaneously.”

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