Delhi Lieutenant-Governor Vinai Kumar Saxena with Chief Minister Arvind Kejriwal.
| Photo Credit: FILE PHOTO
A day after Chief Minister Arvind Kejriwal directed the Delhi Planning Department to revoke its order of sealing the office of Dialogue and Development Commission of Delhi (DDC) vice-chairperson Jasmine Shah, official sources at Lieutenant-Governor Vinai Kumar Saxena’s office said the CM’s order was “infructuous and unconstitutional” as the matter has already been referred to the President.
The officials also said that Mr. Kejriwal had issued the order “deliberately to divert attention”.
“On November 30, disposing of a file sent by Planning Minister and Deputy Chief Minister Manish Sisodia, seeking to override the Planning Department order of November 17 that had restricted Jasmine Shah from functioning as DDC vice-chairperson, L-G, V. K. Saxena had invoked difference of opinion under Article 239AA(4) of the Constitution, and referred the matter to the President of India for a final decision,” they said, and added that the L-G’s decision was formally communicated to the Chief Minister.
The L-G Secretariat also wrote to the Secretary-in-charge, Planning Department, on the issue, saying that action can be taken in this regard only in accordance with the President’s decision.
The Delhi government, in its response, said that the L-G’s reference of the matter to the President is “illegal”. He has to refer the matter to the Chief Minister and (the) Cabinet before referring any matter to (the) President. He has not done so. This reference is also against SC judgement, the government said.
Last month on November 17, the Planning Department had ordered the locking of Mr. Shah’s office and withdrawal of facilities provided to him. The L-G had also asked the CM to remove Mr. Shah from his post for allegedly misusing his office for “political purposes”. The DDC is a think-tank working with the Delhi government.
The Department had earlier in October issued a show-cause notice, based on a complaint from BJP MP Parvesh Sahib Singh, for “misusing public resources” for political activities.
Terming Mr. Kejriwal’s order as an eyewash, the officials also said, “CM Kejriwal knowing this constitutional position fully well, passed an illegal order on December 8. Besides, the matter is also sub-judice in the Delhi High Court on the basis of a petition filed by Jasmine Shah himself.”
