The Delhi High Court Today (Jan 24) declined to order a special assembly session for tabling CAG audit reports on alleged irregularities by the Aam Aadmi Party government. Opposition leaders claim the reports reveal a Rs 2,027 crore excise policy loss, citing improper licensing and price manipulation. The AAP denies the existence of the reports, while the court flagged delays and questioned the government’s intentions.
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NEW DELHI: In a relief for the ruling Aam Aadmi Party (AAP), the Delhi High Court has decided not to order a special session of the Delhi Legislative Assembly for the immediate presentation of various audit reports by the Comptroller and Auditor General (CAG) about the administration of Delhi.
A bench led by Justice Sachin Datta noted the “inordinate delay” by the Delhi government in presenting the reports but chose not to interfere by issuing any specific directions.
This decision came while the court was hearing a plea from Opposition MLAs requesting a special assembly session for the purpose of tabling the CAG reports.
The court had reserved its judgment on January 16 after hearing arguments from all sides.
The petition, submitted by Opposition leader Vijender Gupta and BJP MLAs Mohan Singh Bisht, Om Prakash Sharma, Ajay Kumar Mahawar, Abhay Verma, Anil Kumar Bajpai, and Jitendra Mahajan, asked the court to direct the Speaker to convene the assembly to present the CAG reports.
The Delhi government and the Speaker’s legal representatives argued against the need for such a direction from the court, pointing out that the assembly elections were near, so there was no urgency in presenting the reports.
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In its response, the Assembly secretariat stated that presenting the CAG reports would serve no practical purpose as the Assembly’s term was ending in February. It also highlighted that courts could not issue judicial orders to the Speaker regarding internal assembly matters, according to PTI reports.
During a January 13 hearing, the court observed that the CAG reports should have been promptly presented for discussion. It remarked that the Delhi government’s delay in doing so raised questions about its intentions, saying this behavior “dragged its feet” and created “doubts on its bonafides.”
The court also asked the CAG to respond to the Opposition MLAs’ plea and explain why the audit report could not be made public. However, the AAP government has maintained that the CAG report is “non-existent” since it has not been officially tabled in the Assembly or uploaded to the CAG’s official website.
News reports have cited findings from these yet-to-be-tabled CAG reports, claiming that the AAP government allegedly committed significant irregularities in its excise policy, resulting in a loss of Rs 2,027 crore to the public treasury.
According to reports, the CAG audit highlighted several shortcomings on the part of the AAP government, including improper licensing procedures and a lack of oversight by the excise department in monitoring liquor distribution and quality control.
The audit also raised concerns about pricing control, noting that liquor manufacturers and wholesalers were given undue discretion to set prices. This led to price manipulation, contributing to a decline in sales, according to the findings mentioned in these reports.
BACKGROUND
Seven BJP MLAs have approached the Delhi High Court, requesting that 14 reports by the Comptroller and Auditor General (CAG) about Delhi’s administration be presented before the legislative assembly.
The move was made on Monday and highlights ongoing concerns about accountability and governance in the city.
Senior lawyers representing the petitioners presented the matter before a bench comprising Acting Chief Justice Vibhu Bakhru and Justice Tushar Rao Gedela.
The court instructed that the case be scheduled for a hearing in the “normal course.”
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This is not the first time the legislators have raised this issue in court. According to the petitioners, despite an earlier writ petition demanding the tabling of these CAG reports, the Delhi government has yet to comply.
When questioned by the bench about the urgency of the matter, the senior lawyer explained that once elections are announced, assembly sessions might not be held. This could delay any further action on the CAG reports. The court responded, “Normal course.”
The petitioners include BJP leader Vijender Gupta and MLAs Mohan Singh Bisht, Om Prakash Sharma, Ajay Kumar Mahawar, Abhay Verma, Anil Kumar Bajpai, and Jitendra Mahajan. They had previously filed a case regarding the same issue.
The new plea, filed through lawyers Neeraj and Satya Ranjan Swain, mentions that the Speaker of the Delhi Legislative Assembly has yet to receive the reports, despite earlier court directions.
“Hon’ble Speaker informed the petitioners that he is not in receipt of the CAG Reports. On 20.12.2024, when the petitioner no.1 again enquired about receiving the CAG reports, the Hon’ble Speaker of the Delhi Legislative Assembly apprised that he has not yet received the CAG reports till 12:51 PM,”
-the petition stated.
“This is a clear violation of the statement/undertaking given by the senior counsel on behalf of the GNCTD before this Hon’ble Court,”
-it added.
The BJP MLAs have urged the court to direct the Delhi government and the Chief Minister/Finance Minister to ensure the 14 CAG reports are forwarded to the Speaker in a “time-bound manner.”
This, they argue, is essential for taking “all necessary and consequential action.”
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