L-G vs Delhi govt tussle ends, HC told no action planned against officers

The bureaucrats had challenged the breach of privilege notices issued to them by the Committee of Privileges, seeking that they appear before it.

One of the petitions was moved by then Chief Secretary Anshu Prakash, who had alleged that the issuance of notice by the committee was a case of “malice”. Prakash had said the action was taken after an FIR was lodged against AAP MLAs Amanatullah Khan and Prakash Jarwal, who were sent to judicial custody for allegedly assaulting the bureaucrat. The HC had in 2018 directed the bureaucrats to participate in the proceedings of the committee(s) under the Assembly as required. It had, however, clarified that if the Committee of Privileges imposes or recommends any punitive measure, the same would not be implemented or given effect to in any manner till the petitions are pending before court.

On Wednesday, Justice Ohri was supplied with a communication from March 28, where the Assembly’s deputy secretary (legislation) communicated to the standing counsel of GNCTD (Government of National Capital Territory of Delhi) that with respect to the 9 petitions, the House on March 27 had decided that “no further action be taken on pending matters referred to the Committee of Privileges, Committee on Petitions and Questions and Reference Committee during the VI and VII Assembly and the same may be treated as disposed”.

The communication also noted that as such, none of the subject matters of the petitions are pending before the Assembly or its committees and these are thus to be treated as disposed.

The summary of the proceedings of March 27 noted that the Assembly Speaker informed the House that “in its sitting on December 4, 2024, the 7th Legislative Assembly (when AAP was in power) adopted three motions to the effect that unfinished work of the Committee of Privileges, Committee on Petitions and Committee on Questions and Reference be examined by respective committees of the 8th Legislative Assembly…”

The communication also noted that, as such, none of the subject matters of the petitions are pending before the Assembly or its committees and these are thus to be treated as disposed.

The summary of the proceedings of March 27 noted that the Assembly Speaker had informed the House on the day that “in its sitting held on December 4, 2024, the Seventh Legislative Assembly (when AAP was in power) had adopted three motions to the effect that unfinished work of the Committee of Privileges, Committee on Petition and Committee on Questions and Reference be examined by the respective committees of the Eighth Legislative Assembly under Rule 183”.

Despite the prior government’s adoption of the motion, the new BJP government “had examined all the pending matters and reached the conclusion that the Eighth Assembly should not proceed further in these matters”, the Speaker had added.

“Some of the matters before these committees have been pending for long and no sitting has been held to examine them. Moreover, it also led to litigation in HC… the committees of Eighth Legislative Assembly should start on a clean slate and not be entangled with matters, which appear to be motivated,” the Speaker had further said.