The Delhi High Court has called upon the Lieutenant Governor (LG) of the city to present his stance regarding a petition filed by the Delhi Commission for Protection of Child Rights (DCPCR). This petition challenges the LG’s decision to withhold funding to the DCPCR pending an inquiry and a special audit over allegations of misuse of government funds.
Justice Subramonium Prasad, while examining a press note concerning the LG’s action against the child rights body, noted that certain parts of the document appeared politically motivated. He expressed concern, stating,
“I would’ve said ‘audit, go ahead’. (But page) 154 takes a political color. That’s when my problem begins…The usual foundation and motive problem (is there).”
The contentious portion of the document highlighted that DCPCR’s former chairperson Anurag Kundu and six members were politically affiliated with the Aam Aadmi Party (AAP).
The LG’s counsel informed the court that the action was based on recommendations from other state authorities and requested time to seek further instructions.
Previously, LG V K Saxena had approved a proposal from the Women and Child Development (WCD) Department to initiate an inquiry and ordered a special audit over the alleged misuse of government funds by the DCPCR. He also directed that no further requests for fund allocation by the DCPCR would be entertained until the completion of the inquiry and special audit.
Representing the DCPCR, Senior Advocate Gopal Sankaranarayanan told the high court that the allocation of funds to the child rights body has effectively ceased. The DCPCR argued in its petition that such a halt in funding severely hampers the functioning of a statutorily protected and independent institution, jeopardizing emergency response systems for children facing violence, child labor, and begging.
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The petition further contends that any attempt to withhold or reduce funds to the DCPCR violates its autonomy and threatens its survival. It also claims that the statutory mechanism for audit by the Comptroller and Auditor General (CAG) is being undermined, constituting a direct assault on this mechanism.
The DCPCR’s plea asserts that subjecting it to an audit by any entity other than the CAG is illegal and undermines the office of the CAG. It also alleges that the WCD Department’s proposal, which led to the LG’s action, is filled with legal errors and malice. The petition suggests that the inquiry’s outcome is predetermined and biased, violating principles of fairness and impartiality.
The petition emphasizes that Anurag Kundu has never held a position in any political party and argues that the LG’s decision for an “illegal audit” is based on extraneous considerations, including the professions of the spouses of the Commission’s members.
The matter is set to be heard next on January 19, as the Delhi High Court seeks to resolve this complex issue involving the intersection of governance, child rights, and the autonomy of statutory bodies.
