Read Time: 07 minutes

Synopsis

The Delhi High Court criticized the Delhi Commission for Protection of Child Rights (DCPCR) on Friday for what it deemed as  irresponsible behavior in filing a petition against the alleged cessation of funding by Lieutenant Governor (LG) VK Saxena, citing a purported press release.

Justice Subramonium Prasad expressed dissatisfaction with DCPCR's response to the LG's assertion that there was no order to withhold funding.

Justice Prasad deemed the petitioner's reliance on a non-existent press release as "wishy-washy" and emphasized the need for greater responsibility when levying accusations against a constitutional authority.

The court criticized DCPCR for its lack of seriousness, stating, "You are relying on a press release that is non-existent. You filed a writ petition on the basis of a press release that is non-existent." It stressed the importance of maintaining the integrity of constitutional offices and warned against undermining the stature of the LG's office.

"From where did you get the press release, which is not in the public domain? What is the basis of this petition?”, the court inquired. 

DCPCR had lodged a petition last year challenging an inquiry and special audit ordered against it, as well as the alleged funding stoppage. The organization had cited a "press note" to support its claim of adverse actions by the LG's office.

However, LG Saxena informed the court that no such order had been issued, nor was there any press release to that effect. The court rebuffed DCPCR's reliance on unofficial sources and questioned the authenticity of the alleged press release.

Amid arguments regarding press reporting, the court reiterated the need for responsible petition filing and noted discrepancies in the presentation of evidence.

The matter has been scheduled for further hearing on February 29, with the court instructing DCPCR to ensure the submission of a reply by a responsible official.

In January, the Counsel for Lieutenant Governor (LG), Vinai Kumar Saxena, filed an affidavit before the Court stating that the LG has never passed any order withholding funds from the Delhi Commission for Protection of Child Rights (DCPCR).

Notably, on January 19, the counsel for LG also informed the court that the impugned order (the so-called press release) has also never been issued by LG's office.The court had directed the counsel to file the same affidavit within four days.

Earlier, while reviewing a press note detailing the LG's actions against the child rights body, the court remarked that certain portions of the document appeared to have taken on a "political colour."

"I would’ve said, 'audit, go ahead.' (But page) 154 takes a political colour. That’s when my problem begins…The usual foundation and motive problem (is there)," the judge had said.

The contentious section highlighted that DCPCR’s former chairperson, Anurag Kundu, and six members were politically affiliated with the Aam Aadmi Party (AAP).

Last year, Lieutenant Governor V. K. Saxena sanctioned a proposal from the Women and Child Development (WCD) Department to conduct an inquiry and ordered a special audit into the alleged misuse of government funds by DCPCR. Saxena had further directed that no additional requests for fund allocation by DCPCR would be entertained until the completion of the inquiry and special audit.

Case Title: Delhi Commissioner for Protection of Child Rights and Anr. v. Lieutenant Governor