Delhi High Court refuses to convene assembly session to present CAG report, raises questions on AAP government's 'delay'

The Delhi High Court has refused to direct the convening of a special session of the Delhi Assembly to discuss the reports of the Comptroller and Auditor General (CAG Reports) before the upcoming assembly elections. A bench of Justice Sachin Dutta noted the excessive delay on the part of the Delhi government in presenting the report. The court emphasized that presenting the CAG report before the Delhi Assembly is a mandatory constitutional obligation.

In a petition filed on behalf of BJP Vijender Gupta, several BJP MLAs have said that 14 CAG reports related to the policy initiatives of the Delhi government should be presented in the state assembly. Senior advocate Sudhir Nandrajog, representing the Speaker of the Assembly, argued that the court should not issue directions to the Speaker. Senior advocate Sudhir Nandrajog also responded to the BJP MLAs' plea, saying that this is not a case of violation of fundamental rights. Courts generally intervene only in exceptional circumstances when such violations occur.

The Delhi High Court had criticized the Delhi government for the delay in considering the CAG report, saying, "The manner in which you have dragged your feet casts doubt on your integrity." The court further stressed, "You should have immediately sent the report to the Speaker and started a discussion in the House." A bench of Justice Sachin Dutta had earlier also questioned the Delhi government's manner of dealing with the CAG report. "The delay in sending the report to the LG and your manner of handling the matter casts doubt on your integrity," the court remarked.

Earlier, the Delhi High Court had sought a response from the Delhi government, the Assembly Speaker, and other respondents on the BJP MLAs' plea. The petition sought to convene a special session of the Assembly to present the 14 CAG reports.

The Delhi government informed the court that all 14 reports have been sent to the Speaker. The lawyer for the BJP MLAs, Vijender Gupta, argued that as members of the House, it is their right to receive the report and debate on it. He urged the court to direct the Speaker to convene a special session. However, the court observed that it cannot give an instant order to the Speaker and has stated that before it makes any decision both parties need to be heard.

The Delhi government opposed the petition, terming it politically motivated. It said it intends to file a counter affidavit. Gupta's lawyer maintained that the issue is not political but one about ensuring accountability of the government. He added that the matter must be resolved before elections are announced.