Most cases filed against Centre, L-G by AAP govt withdrawn

Such a case is then deemed to be withdrawn only after the court passes a formal order recording the disposal of the case owing to the parties involved withdrawing the case and the other side consenting to such withdrawal.

Law minister Kapil Mishra told The Indian Express, “Cases between the agencies, filed against each other , due to political mud-slinging are being withdrawn.”

A senior Delhi government official said, “The process to withdraw all the cases was initiated soon after the BJP formed the government in Delhi… A lot of these cases were politically motivated with an intention to harm the Delhi government’s projects and schemes. Not only did these cases stall the projects, but they were also a waste of resources….”

The Law department, officials added, had moved a proposal stating that such litigations not only cause “hardship” for the bureaucracy but also lead to “administrative paralysis”, which delays policy-making and execution of projects. The L-G Secretariat had approved a proposal moved by the Law department in this regard, sources added.

In an internal note, citing several such cases filed by the previous AAP regime and the minister-in-charge, the Law department had previously underlined, “Such cases not only create an embarrassing situation before courts of law but also have the potential to adversely affect the relations of the government of NCT of Delhi with the Central government within the meaning of the GNCTD Act, 1991.”

It added: “…in the interest of constitutional harmony with the Union government and the L-G, it is proposed in public interest that all such cases filed by the then minister-in-charge be withdrawn by filing appropriate applications/petitions before the concerned courts by the concerned administrative departments.”

“The majority of the cases were withdrawn last year only. Some of the cases at the administrative secretary level and between agencies are being withdrawn. Final modalities are being worked out…,” said a source.

After taking charge in Delhi last February, the BJP-led government had moved respective courts and filed separate applications before judges of all courts concerned — as there were several cases and they were being heard on different dates — seeking “early hearing” to withdraw the cases, said sources. Some of these cases were related to the appointment of the Delhi Electricity Regulatory Commission (DERC) chairman, the Services department, the Pradhan Mantri Ayushman Bharat Health Infrastructure Mission, funding for the Delhi Jal Board, appointment of lawyers in Delhi riot cases, and the formation of a high-level committee on Yamuna river pollution, among others, immediately.

In May last year, the Supreme Court had allowed the Delhi government to withdraw seven cases against the L-G. The same month, the Delhi High Court had also allowed the government to withdraw its plea against the L-G for appointing prosecutors of its choice for arguing farmers’ protest and Delhi riot cases.

Some of the cases that involved the L-G were related to the release of funds for the Delhi Jal Board by the Finance department, challenging the 2023 ordinance promulgated by the President of India amending the Government of National Capital Territory of Delhi (GNCTD) Act, 1991, Section 45D of the GNCTD Act, and the appointment of the chairperson and members of the DERC, stoppage of funds, and non-procurement of judgment in the alderman case by the Supreme Court, seeking a prayer that till the announcement of judgment, the Standing Committee may be exercised by the corporation.

Other cases were related to the high-level committee under the L-G for preventing pollution in the Yamuna.

Besides, the Health department had also moved an application to withdraw the cases filed by former Delhi minister Saurabh Bharadwaj. “There were about eight to nine such cases which were filed by the AAP ministers,” said a government official.