Read Time: 05 minutes

Synopsis

The Delhi High Court on Monday issued notice on a plea filed by Delhi Transport Minister Kailash Gahlot challenging the provision of seeking prior permission from the Central government for foreign visits by the various Ministers of the Government of National Capital Territory of Delhi.

The plea was filed in view of the recent denial of Delhi Chief Minister Arvind Kejriwal's visit to Singapore for the 8th World Cities Summit.

A bench of Justice Yashwant Varma allowed 8 weeks for the Lt. Governor of Delhi and the Central Government to file their responses and listed the matter for further hearing on January 23, 2023.

The petition filed through Advocates Bharat Gupta and Hrishika Jain in view of the recent refusal of travel clearance to the Delhi Minsters in several cases alleged that the Central Government is using its discretion in a 'draconian manner' to grant travel clearances.

The plea alleged that Gahlot who holds the portfolio of Transport in the Council of Ministers, Government of NCT of Delhi, had also requested clearance to visit London on the invitation of Transport for London (‘TfL’), but shockingly, there was not even a response from the concerned authorities in the Central Government till the time the request became infructuous.

Regarding Gahlot's visit, the plea stated, "All these visits were on invitation and were crucial fora for exchanging ideas on improving urban governance and showcasing Delhi’s own progress in urban design."

The plea further stated, "Being an important stakeholder in the Delhi model of urban governance and managing a significant part of the urban design and infrastructure of the city of Delhi, the Petitioner(Gahlot) is deeply interested in ensuring that Delhi’s governance features in national and international fora."

The plea sought direction to quash the order passed by the Central Government to the extent that they require State Government Ministers to seek porior clearances from the Centre for personal visits abroad.

It also sought issuance of guidelines to channel and guide the implementation of Office Memoranda issued by the Cabinet Secretariat, empowering the respondents to grant or deny permission to State Government Ministers for foreign visits in their official capacity.

Furthermore, it sought quashing of the letter sent by Lt. Governor to CM Kejriwal advising against the Chief Minister’s proposed visit to Singapore. 

Case Title: KAILASH GAHLOT BHARAT GUPTA Vs. LIEUTENANT GOVERNOR & ORS.