Newly appointed Lieutenant Governor Anil Baijal might soon have to deal with an issue flagged by his predecessor Najeeb Jung. Two days before announcing his resignation, Jung had called a cabinet decision in favour of retaining 15 counsels — picked by Delhi government to argue its cases in Supreme Court — unacceptable and “in total disregard of the President of India”.
But sources said the Delhi government is sticking to the stand of having its own lawyers in the Supreme Court, and the issue may soon require Baijal’s intervention.
Jung’s order had stated: “It seems the proposal before the Cabinet was not initiated or processed through the law department. The same is also substantiated by a note placed by Deputy CM before the council of ministers for circulation to all departments, as it does not bear any signature or authentication by secretary law and justice.”
The order further stated that provisions of the transaction of business rules (TBR) were not followed in processing the cabinet decision, which makes it illegal.
“The ministers violated the provisions of Section 49 of GNCTD Act, 1991, which makes it obligatory for the Delhi government to comply with directions given by the President from time to time. The decision is in disregard to the President of India,” stated the order issued by Jung on December 20, 2016.
On November 4 last year, Jung had cancelled appointments of the 15 lawyers, including three Advocates on Record and 12 arguing counsels. But a cabinet decision had rejected his decision, and favoured retaining them.