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Court was apprised that ‘political clearance’ has been given to the petitioner in the present case
The Delhi High Court on Friday was told by the Union of India that political clearance has been given by the Ministry of External Affairs (MEA) in Delhi Environment Minister and Aam Aadmi Party Leader Gopal Rai’s plea to travel to New York to attend Columbia India Energy Dialogue.
Solicitor General of India (SGI) Tushar Mehta appearing for the Union of India, apprised the court that ‘political clearance’ has been given to the petitioner in the present case.
“In the peculiar facts and circumstances of the case, political clearance is being granted for Rai’s travel from September 15-21, 2023”, the SG submitted. SG Mehta further requested the court to note in the order that this case be not treated as a precedent.
The bench of Justice Subramonium Prasad, accordingly, disposed of the plea.
The court was hearing Rai’s plea seeking quashing of the central government’s order denying him political clearance to travel to New York to attend Columbia India Energy Dialogue.
The Ministry of External Affairs had said in its letter dated September 12 that it has examined the proposal and declined political clearance as the “visit from Government of NCT of Delhi would not be appropriate as India is being represented at the Columbia-India Energy Dialogue by Shri Suman Kumar Bery, Vice Chairman, NITI Aayog (Ministerial-rank)”.
His plea stated that as per the programme schedule, the Telangana government’s special chief secretary of municipal administration and urban development is also scheduled to speak at the event.
“The invitation is specific for the different persons representing different stakeholders and does not intend to confine delegates at national level only for the formal representation of the country, therefore the reason cited herein above is nothing but a colourable exercise of power and accordingly bad in law,” the plea stated.
It stated that the dialogue is focusing on the global energy policy and the programme is designed to support India’s “energy transition through collaborative research with Indian think tanks and academics working on the energy and climate issues which needs suitable and proper representation from the different stakeholders and think tanks”.
“Delhi, as a major urban city, plays a key role in the transition to clean energy and how national policies impact everyday activities of the public. Thus, the same cannot be confined to only bureaucrats to represent the stake-holding of the different members of the Indian Society,” the plea submitted.
It added that administrative approval had already been granted by the lieutenant governor of Delhi. The plea further stated that the MEA’s order had been passed without application of mind and that the Centre had already permitted officers from different states to attend the dialogue and therefore the reasons given in the order were “completely contradicted” by the MEA’s action.
Case Title: Gopal Rai v. Union of India
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