HC slams CM,L-G for focus on media in orphanage case,probe continues

The court,while maintaining that the inquiry can continue against Arya Orphanage complex and two other institutions situated in its precincts in “public interest”,said there was no material to include Chhatravas Chandra Arya Vidya Mandir and Chandra Ashraya Griha — both operating from East of Kailash,in the inquiry.

Holding that “a commission of inquiry is not necessary to set at rest the debate in the media,” the court also pulled up the Chief Minister and the Lieutenant Governor for giving their go-ahead in the matter.

“In this instance,a panicky government,when confronted with the reality,has acted with escapism to take refuge behind the law,and we highlight once again the concern of the Hon’ble Chief Minister of Delhi which oozes from the note dated February 24,2012 that setting up a commission of inquiry would set at rest the debate in the media. The reference in the note that the Chief Minister has desired that a commission of inquiry be set up immediately to find the truth and set at rest the debate in the media,leads us in the direction,that media reports damaging the image of the government were more a matter of concern for the government and not the working of the children’s home operating from Daryaganj,” noted the court.

Also pulling up the L-G for his “non-application of mind” as he “telephonically” granted his accord for the inquiry after his conversation with the Chief Secretary,the Bench noted that technically,this could not be even considered as a valid approval in law since the L-G did not study the file and apprise himself of the material available before taking his decision.

“In the instant case,what was the extreme emergency which compelled the L-G to grant an approval over the telephone? None is forthcoming on record… There is a complete non-application of mind. The facts noted herein above have left us sad and we speak no more,” added the court.