Days after the Delhi High Court quashed the Delhi Government’s decision to get accounts of private power companies audited by the Comptroller and Auditor General (CAG), Delhi Power Minister Satyendra Jain ordered an enquiry on Monday to find out whether the Delhi administration was “represented at all” in the High Court during the President’s Rule in Delhi. “And if it was, whether the representation was adequate during one year of President’s rule,” said a statement issued by the Delhi Government.
The move can lead to a major controversy because practically it will be perceived as an enquiry against the President of India as Delhi was under his rule, albeit through the lt-Governor, during that period. This is the first occasion that a State Government has questioned the President of India in any matter. According to sources, during President’s Rule, the case was represented by additional secretary (power) and the standing counsel of Delhi Government.
The decision comes after in the wake of a judgment passed on Friday, where the Delhi High Court had observed that “neither the senior counsel who addressed arguments for GNCTD, nor any of the counsels briefing him were present on any of the earlier dates of hearing, when the other counsels had addressed arguments.”
The statement said the enquiry will be conducted by senior standing counsel of the Delhi Government in the High Court, Rahul Mehra, who is expected to submit the enquiry report within one week.
It may be recalled that during its 49-day stint in 2014, the then Delhi Government headed by Arvind Kejriwal had ordered the CAG audit of power discoms. However, the Government had resigned on February 14, 2014. The incumbent Government assumed office exactly after one year.
“Immediately thereafter, the Government appointed Rajeev Dhawan, senior advocate to represent it before the High Court. Only two hearings took place after February 14, 2015… Dhawan appeared in these hearings and effectively presented the Delhi Government’s views,” the statement said, adding the enquiry will look into all aspects.