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The Delhi High Court on Friday came down heavily on the Arvind Kejriwal-led government over the non-supply of books to the children studying in MCD schools. The court said Kejriwal had put personal interest over the national interest by not resigning from the post of Chief Minister despite being in jail.
A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora made these remarks while dealing with a PIL raising the issue of the poor condition of MCD schools because of the logjam in the civic body.
The court said the Delhi government was “interested in the appropriation of power”. It further stated that till now it has “politely” emphasised that national interest is “supreme” but the present case has highlighted what was “wrong” and it would pass an order in the matter on Monday.
“I am sorry to say you have placed your interest above the interest of the students, the children that are studying. That is very clear and we are going to give that finding that you have placed your political interest at a higher pedestal…It is very unfortunate that you have done this. It is wrong and that is what has got highlighted in this matter,” it said.
“I don’t know how much power you want. The problem is because you are trying to appropriate power, which is why you are not getting power,” court added.
It is the personal call of the chief minister if he wants the administration to be “paralysed”, the court remarked. The bench further said the persons who lead have to “carry everyone along” as it cannot be a case of “one man upmanship”.
The Delhi government counsel said he was not appearing for the chief minister and assured the court that the issue of non-supply of educational material would be resolved if the Municipal Corporation of Delhi (MCD) commissioner makes a formal request for financial approvals even in the absence of the civic body’s standing committee.
ACJ Manmohan also commented on the conduct of Urban Development Minister Saurabh Bhardwaj and said that he had turned a blind eye to the plight of students and is shedding crocodile tears.
The court noted that the Delhi government counsel was appearing on instructions from the Urban Development Minister Saurabh Bharadwaj and stated, “We will record your statement that it is because the chief minister is in custody that I cannot do anything. If that’s his personal call, good luck to him.”
“Choice is yours that the chief minster will continue despite being in jail. We will have to say this. This is your administration’s will. You are asking us to go down that track and we will come with full vigour,” said Justice Manmohan.
The court was dealing with a PIL by NGO Social Jurist, represented by advocate Ashok Agarwal, highlighting the non-supply of educational material and other statutory benefits to students in the MCD schools even after the commencement of the new academic session.
“As a court, distribution of books, uniforms etc… this is not our job. We are doing this because someone is failing in their job…. Your client is just interested in power. I don’t know how much power do you want? The problem is because you are trying to appropriate power which is why you are not getting power,” it added.
The court further warned the government not to underestimate it. “Don’t underestimate our guts. You are underestimating our power… You are putting children as a trading point, they are not a trading commodity for us,” it said.
AAP Reacts
The Aam Aadmi Party, however in a statement, said that the work of the civic body was stopped due to the non-formation of its standing committee. The party further stated, as quoted by NDTV, that the matter concerning the non-formation of the MCD’s highest decision-making body, was pending before the Supreme Court.
The Arvind Kerjriwal-led party also alleged that the LG illegally appointed aldermen (nominated councillors). “As a result, the standing committee could not be formed. The LG is responsible for the non-formation of the standing committee due to which the work of the MCD was stopped,” the party added.
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