Delhi High Court Clarifies: No LG Order to Halt DCPCR Funding, Awaits Affidavit Submission

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On Friday, 19 January, at the Delhi High Court, it was clarified that Lieutenant Governor (LG) Vinai Kumar Saxena did not issue an order to stop the funding of the Delhi Commission for Protection of Child Rights (DCPCR). This clarification came during a hearing of a plea moved by DCPCR against the alleged halting of its funds pending an inquiry and a special audit over accusations of “misuse of government funds.”

The LG’s counsel, under instruction, informed Justice Subramonium Prasad that no such order halting DCPCR’s funding was ever passed by the LG. Addressing the court, the counsel stated,

“This so-called press release has never been issued by the LG. This is quite serious.”

The press release in question, annexed in the petition, was purportedly related to actions ordered by the LG but was confirmed to have never been issued by the LG’s office.

Justice Prasad then directed the counsel to submit these statements in an affidavit and file it within four days. The matter is set to be heard again on January 25.

The plea by DCPCR, which was initially filed in the Supreme Court and later transferred to the Delhi High Court, stated that in November of the previous year, the LG had approved a proposal from the Delhi Government’s Women and Child Development Department to initiate an inquiry and ordered a special audit over alleged misuse of government funds by DCPCR. Senior Advocate Gopal Sankaranarayanan, representing DCPCR, had previously remarked that the allocation of funds to the commission had been brought to a complete halt.

The petition argues that insufficient funding severely jeopardizes the programs of the child rights body and threatens its functional independence. It also contends that the inquiry is “extraneous” and that a special audit is not within the framework of the Commission of the Protection of Child Rights Act, 2005. The plea further alleges,

“The same has been initiated only after Petitioner No 1 (DCPCR) moved against the school run by Respondent No 4 (Kuldeep Chahal) who is a political person associated in a leadership capacity with the party in dispensation at Centre that advises Respondent No 1 (LG).”

This case highlights the ongoing tension between the Delhi Government and the LG’s office and raises important questions about the autonomy and funding of statutory bodies like the DCPCR. The upcoming hearing on January 25 is expected to provide further clarity on this matter.

Case Title- DELHI COMMISSION FOR PROTECTION OF CHILD RIGHTS v. LIEUTENANT GOVERNOR, NCT OF DELHI

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author

Vaibhav Ojha

ADVOCATE | LLM | BBA.LLB | SENIOR LEGAL EDITOR @ LAW CHAKRA

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