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Synopsis

The Delhi High Court on Wednesday sought the response of the Lieutenant Governor (LG) in a plea filed by the Delhi Commission for Protection of Child Rights (DCPCR) challenging an order withholding funds pending an inquiry and a special audit over allegations of misuse of government funds.

The bench of Justice Subramonium Prasad, reviewing a press note detailing the LG's actions against the child rights body, remarked that certain portions of the document appeared to have taken on a "political colour."

Justice Prasad asked the LG's counsel to seek instructions on the matter. The court has scheduled the next hearing for January 19.

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

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

The LG's counsel clarified that the action was taken based on recommendations from other state authorities and sought time to seek instructions.

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.

Senior Advocate Gopal Sankaranarayanan, on behalf of DCPCR, informed the court that the allocation of funds to the child rights body had come to a halt.

DCPCR, in its petition, argued that such a setback paralyzed a statutorily protected and independent institution, jeopardizing emergency response systems for children facing violence, child labor, and begging.

The plea contended that any attempt to withhold or reduce funds to DCPCR violated its autonomy and posed a threat to its survival. It also highlighted an attempt to weaken the statutory audit mechanism conducted by the Comptroller and Auditor General (CAG), emphasizing that subjecting DCPCR to any other auditor was illegal.

The petition further claimed that the WCD Department's proposal, on which the LG based the action, was riddled with legal errors and malice. It alleged that the investigation's outcome was predetermined and biased, violating the principles of fairness and impartiality.

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