Delhi Lieutenant Governor’s Office Requests High Court Intervention in Excise Policy Dispute

Delhi LG V K Saxena’s office intervenes in the High Court over alleged misrepresentations in the legal challenges against the scrapped excise policy. They claim inaccuracies by the GNCTD’s counsel, particularly regarding delays in a vital report submission.

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Delhi Lieutenant Governor's Office Requests High Court Intervention in Excise Policy Dispute
DELHI HIGH COURT

NEW DELHI: On Thursday(7th March), the office of Delhi Lieutenant Governor (LG) V K Saxena has taken a decisive step by approaching the Delhi High Court, seeking to intervene in the ongoing legal challenges against the now-defunct Delhi excise policy.

The matter lies in the LG’s office’s assertion that the proceedings have been marred by misrepresentations, leading to a skewed portrayal of the office’s role and actions. Specifically, the intervention application, which was brought before Justice Subramonium Prasad on March 5, argues that “repeated incorrect statements” made by the counsel for the Government of the National Capital Territory of Delhi (GNCTD) have unjustly attributed delays in the submission of a crucial report to the LG. This report, mandated by the court, pertains to the opening of liquor outlets in various wards under the rescinded excise policy.

The application sheds light on a timeline of events, revealing that the high court had directed the LG on March 29, 2022, to consider forming a committee to resolve the ongoing controversy. Following this directive, a committee was established on April 6, 2022, and it submitted its findings on August 18, 2022. However, the LG’s office claims that the report then became ensnared in bureaucratic delays within various departments of the GNCT of Delhi, only reaching the LG’s desk on January 16, 2024, approximately 16 months later.

“The information presented highlights a troubling situation, wherein the GNCT of Delhi declines to acknowledge its own shortcomings and mistakes. What is even more disconcerting is the way in which responsibility is incorrectly assigned to a constitutional authority, without any consideration for being accountable for one’s actions.”

-states the application, bearing the name of Ashish Kundra, principal secretary to the LG.

This delay has sparked significant controversy, with the LG’s office criticizing the GNCT of Delhi for failing to acknowledge its own “lapses and omissions.” The application goes further, condemning the misattribution of responsibility to the LG, a constitutional authority, as not only a disregard for accountability but also an affront to the constitutional post and the individual occupying it.

They contend that the Excise Commissioner’s proposal to submit the committee’s report was initially approved on August 18, 2022, but was subsequently stalled by the then-minister on two occasions. This led to a misleading narrative being presented in the High Court, suggesting that the report’s delay was due to the LG’s inaction. This misunderstanding prompted the court to request the LG to expedite the report’s submission, despite the fact that the LG did not have the file at the time.

The situation reached a resolution when Delhi Minister Atishi moved the proposal forward, eventually obtaining approval from Chief Minister Arvind Kejriwal on January 16, 2024. The file was then forwarded to the LG for final approval, marking the end of a protracted bureaucratic journey.

The Delhi High Court is poised to hear a case involving power dynamics, governance, and bureaucratic delays between the Lieutenant Governor’s office and the Delhi government on March 20, with significant implications.

author

Joyeeta Roy

LL.M. | B.B.A., LL.B. | LEGAL EDITOR at LAW CHAKRA

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