Hardlook: Next hearing

AAP funds

Advocate M L Sharma has sought a CBI inquiry into a sum of Rs 2 crore allegedly received by the Aam Aadmi Party (AAP) from foreign sources in violation of FCRA norms. The application, citing news reports of information given by AAP Volunteer Action Manch (AVAM), a breakaway AAP group, has been filed in the Delhi High Court in an ongoing PIL filed by Sharma in 2012 regarding foreign funds received by the AAP. The Central government had last year given a clean chit to the AAP, stating that the funding had not violated FCRA norms.

CAG audit of discoms

NGO United RWAs Joint Action (URJA) had filed a plea seeking an audit by the Comptroller and Auditor General (CAG) of the three electricity distribution companies in 2011. After the AAP came to power last year, the party asked the CAG to start the audit. The discoms — Tata Power Delhi Distribution Ltd (TPDDL) and Reliance Anil Dhirubhai Ambani Group firms, BSES Rajdhani Power Ltd and BSES Yamuna Power Ltd — in 2014 approached the Delhi High Court against the audit. The court has, over several hearings in 2014, asked the discoms to cooperate with the audit, while the case is being heard. The final arguments on behalf of the discoms and the CAG have been completed. The Delhi government has to give its arguments. During a hearing last week, the standing counsel for the Delhi government sought time till after the new government took office. The court had said the government is expected to complete its arguments this week, or the plea by the discoms for a stay on the audit will be heard by the court.

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CCTV cameras

In a suo motu case taken up by the Delhi High Court after the December 16, 2012, gangrape case, the Delhi government has to explain to court why CCTV cameras have not been installed in the city. Last month, the court asked why cameras had been put up only for US President Barack Obama’s visit, but not for the safety of Delhiites. The Delhi Police, the Ministry of Home Affairs and the Delhi government have to file a comprehensive action plan by March 20.

Victim compensation

The compensation scheme for victims of sexual offences has not yet been created and the Delhi State Legal Services Authority last week informed the Delhi High Court — in a PIL filed by social activist Nandita Dhar on women’s safety — that there were differences in the Standard Operating Procedures being followed by various departments for helping such victims. The court also asked the government about the delay in creating forensic science labs in the city.

Nursery admissions

The association for private schools had challenged the notification issued by the Delhi government creating the points system for nursery admissions, arguing that under the Delhi School education rules, the government did not have the power to regulate admissions. The government is currently in the process of putting forward its final arguments in the case.

Special children

A PIL is being heard by the Delhi High Court on facilities available in schools for children with special needs. The Education department recently uploaded all information related to facilities available in private unaided schools and created a system to facilitate admission for differently abled children into nursery class. The government is expected to submit a report on implementation of the court orders on February 25.

EWS students

The Delhi High Court is hearing a PIL on the issue of providing free books and uniforms to children belonging to the Economically Weaker Sections (EWS). The government had earlier claimed it will not provide reimbursement for books and uniforms beyond the money being given to students in government schools.

Fee refund

In a PIL on regulating fee being charged by schools, the Delhi High Court has asked the government to take action on the reports submitted by the Justice Anil Dev Singh Committee on fee regulation. Over 300 schools are expected to refund “excess” fee charged so far, but only a handful have actually started the process of refund. The High Court has also issued directions to the government to take a decision on the implementation of the RTE Act and reservation for EWS students in playschools on Delhi Development Authority (DDA) land and asked for a report from the government on creating a policy to regulate playschools.

Gas pricing

Under the previous AAP government, the Anti-Corruption Branch (ACB) of the Delhi government had filed an FIR against Reliance Industries ltd, Mukesh Ambani, former petroleum ministers Veerappa Moily and Murli Deora, and ex-DG (hydrocarbons) V K Sibal. In May last year, RIL had approached the Delhi High Court, asking for the FIR to be quashed. It argued that gas pricing was a policy decision of the Centre and did not come under the ACB’s jurisdiction. On July 23, the Centre had issued a notification stating that the ACB could only investigate corruption cases involving Delhi government employees. The ACB had argued that it did have jurisdiction as the matter is currently at the stage of arguments but no effective hearing has happened for several months. In December, the counsel for RIL had argued that the FIR was “absurd”.

IN NGT

Delhi Ridge

The National Green Tribunal (NGT), in July 2013, said “an unmanageable situation” was sprouting in Delhi with construction taking place across the protected Ridge Forest with no clear demarcation of which region falls under the protected forest. Since then, the state Forest department has been trying to recover forest land across the Ridge. The department’s demolition drive has come under criticism from political parties and land owners. After initial opposition from owners of farmhouses near the Asola Bhatti Wildlife Sanctuary, political parties severely criticised the department’s demolition drive at Rangpuri Pahadi. The AAP, in particular, raised the issue, criticising the BJP government at the Centre for the demolition. But while the AAP government has banned demolition of slums, the Forest department maintains that as per its surveys, “such slums constitute a large percentage of encroachments on forest land”.

Air pollution

The NGT has issued a slew of directions, listing 14 measures to address air pollution levels in Delhi — including a ban on petrol and diesel vehicles older than 15 years — a move likely to affect over 10 lakh vehicles on Delhi’s roads. The Union Ministry of Road Transport and Highways, in an affidavit before the Supreme Court, said it doesn’t propose to mandate the age limit of private vehicles, describing the move a “short-cut approach”. The Supreme Court is hearing the matter.

Ban on parking

The NGT in January ordered the “complete prohibition of parking of any cars on metalled roads” of Delhi, imposing a fine of Rs 1,000 for any violation. It directed the authorities to ensure strict compliance and said, “There will be complete prohibition of parking of any cars on metalled roads and the corporations would take strict action against persons who violate it. This shall include payment of Rs 1,000 per car on account of compensation for degradation of environment and its restoration.” Civic corporations have been asked to submit a report on compliance of the order in Lajpat Nagar and Karol Bagh, which are being considered as ‘pilot projects’. Both Lajpat Nagar and Karol Bagh have AAP MLAs.

Clean Yamuna

The NGT, in January 2015, set heavy penalties for those found polluting the Yamuna and issued directions to the Delhi Jal Board (DJB) to make 23 STPs functional by 2015 and add 32 STPs on major and minor drains at locations recommended by the NGT-appointed expert committee. It also asked for stormwater drains to be kept free of encroachment and pollution while banning farming in the floodplains. The tribunal also directed the DJB to upgrade existing sewage treatment plants and increase their capacity. It also called for demolition of structures built on the floodplains, adding that NGT’s expert committee will decide about the structures’ historical, mythological and heritage importance. Arvind Kejriwal is now the chairperson of the DJB.

Coming up

February 18
AAP foreign funds case
February 19
CAG audit of discoms
February 25
Facilities for children with special needs
Air pollution
February 26
Nursery admissions
March 3
Victim compensation scheme
March 20
CCTV cameras
March 25
Fee refund PIL
MARCH 31
Playschools case
April 20
Case on gas pricing

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