The Delhi High Court will consider whether Comptroller and Auditor General (CAG) reports can be disclosed publicly before being presented in the Assembly. The Bharatiya Janata Party (BJP) has called for a special Assembly session to table these reports ahead of the upcoming Delhi elections. The matter holds significance as it could influence public opinion during the election period. The court’s decision is awaited on this crucial issue.
New Delhi: The Delhi High Court is set to address whether the reports of the Comptroller and Auditor General of India (CAG) can be made public prior to their submission to the Legislative Assembly for discussion.
This issue has arisen in a public interest litigation (PIL) petition that seeks directions to the Central government, Delhi’s Lieutenant Governor (LG), and the CAG to publish the audit reports on their respective portals,
“so that the public knows the state of finances in Delhi before casting votes.”
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Notably, the Bharatiya Janata Party (BJP) has also been advocating for a special session of the Delhi Assembly to present the CAG reports ahead of the upcoming elections in the national capital.
The bench of Justice Yashwant Varma and Justice Harish Vaidyanathan Shankar remarked that the case presented by the PIL petitioner appears to stem from the right to information and the right to know.
The CAG maintained that until the audit reports are tabled in the Legislative Assembly, they cannot be disclosed or made public.
In response, the court stated,
“The Manual of Procedure would only regulate the laying of Reports and Accounts for the purposes of discussion and debate in the House. It may not, therefore and prima facie, detract from the overarching right to information which is asserted by the writ petitioners.”
The court will revisit the matter on January 24.
It ordered,
“In order to enable learned counsel for the CAG to address submissions in the aforesaid light, let this writ petition be called again on 24.01.2025,”
Senior Advocate Geeta Luthra, representing petitioner Brij Mohan, a retired civil servant, previously argued that withholding the CAG reports infringes on citizens’ fundamental right to information under Article 19(1)(a) of the Constitution.
She referenced the Supreme Court’s ruling in the case of Association of Democratic Reforms and Another (Electoral Bond Scheme) v. Union of India and Others, which affirmed that voters’ right to information is vital for democratic participation.
The apex court stated last year,
“The voters have a right to the disclosure of information which is essential for choosing the candidate for whom a vote should be cast,”
The CAG contended that its constitutional duty is primarily limited to forwarding the report to the Lieutenant Governor (LG) and that further actions are the responsibility of the constitutional authorities.
The court indicated that it would consider this argument during the next hearing.
The court stated,
“This, prima facie, would have to be examined and appreciated alongside the observations in the Supreme Court’s decision in Association for Democratic Reforms, Article 151, and a consideration of the CAG’s duties under the Constitution,”
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Senior Advocate Geeta Luthra, along with advocates Vidya Sagar, Prabhav Pachory, Rishabh Dahiya, and Dennis Jacob, represented Brij Mohan. Advocates Manisha Agrawal Narain, Amita Gupta, and Vedansh Anand appeared on behalf of the Centre.
Advocate Bani Dikshit represented the LG of Delhi, while Senior Advocate Sudhir Nandrajog, Additional Standing Counsel Udit Malik, and advocates Sheenu Priya, Rima Rao, Palak Sharma, and Atik Gill represented the Delhi government.
Case Title: Brij Mohan Vs. Union Of India & Ors
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