New Delhi: The Delhi High Court on Tuesday held that in the absence of consensus between Chief Minister Arvind Kejriwal and Lieutenant Governor V.K. Saxena on removal of AAP’s Jasmine Shah as chairman of Dialogue and Development Commission of Delhi (DDCD), the matter has been referred to the President.
The court has also been informed that in the exercise of powers under Article 239AA, the LG has ordered that Shah will not be allowed into the DDCD office till the President takes a call on the issue. The LG in response has said that until the President returns a decision on the matter, it would be prudent for the parties to take no further action.
On November 28, the HC sought a response from the L-G after Aam Aadmi Party (AAP) politician Jasmine Shah moved the HC challenging L-G’s actions.
Saxena on November 18, had asked CM Kejriwal to restrict Shah from “discharging his duties” as the vice-chairman of the DDCD and from using any privilege and facilities associated with the office. Single-judge Justice Prathiba M. Singh had said that it will examine the LG’s response, before deciding whether he could have passed an order like that.
The judge said she cannot deal with the issues without having affidavits on record and asked the respondents to file affidavits before the next date of the hearing. It had also sought responses from the Director (Planning) Govt of NCT of Delhi and the local sub-divisional magistrate (SDM). Shah’s office was sealed late on November 17, by the SDM, Civil Lines. Additional Solicitor General (ASG) Sanjay Jain, appearing for the LG, had told the court that there are “larger issues” involved in the case.
However, the Delhi government counsel had told the Court that Saxena’s request to remove Shah had not been accepted. The planning department has also been ordered to cancel its order closing Shah’s office and withdrawing facilities granted to him. LG’s actions followed after Bharatiya Janata Party (BJP) MP Parvesh Singh Verma filed a complaint alleging Shah of acting as the official spokesperson of AAP for political gains, in violation of established procedures.
The LG had also asked the CM to sack Shah for allegedly “misusing his office for political purposes”. Shah had said the LG’s action is “without jurisdiction, completely illegal, and unconstitutional”. The AAP politician then moved the High Court to challenge the L-G’s actions.
–IANS