Union govt objects to Sisodia’s affidavits on LG’S ‘obstructionism’

NEW DELHI: The Centre, in a submission before the Supreme Court on Friday, has objected to state deputy chief minister Manish Sisodia’s affidavits accusing Delhi lieutenant governor Vinai Kumar Saxena of running a parallel system of governance, calling the document an “abuse of the process of court”.

According to the Union government, the Delhi government should not have placed the new documents containing a raft of allegations against the Centre when a Constitution bench has already fixed the hearing of the power tussle between the two for November 24.

“It is an abuse of the process of court. The Constitution bench has already fixed the matter for November 24. This affidavit conveys a political slugfest and propaganda. It is converted into an affidavit and filed before this court. This cannot be accepted,” additional solicitor general Sanjay Jain, appearing for the Centre, submitted before Chief Justice of India Dhananjaya Y Chandrachud.

Jain added that Sisodia’s additional affidavits were unnecessary, and that the Delhi government cannot compel the Centre to submit its response to the new documents. He also accused the Delhi government of leaking the affidavits to the media.

Delhi government officials did not respond to requests seeking comment.

Saxena, who stepped into the role on May 26, the affidavits contend, seeks to usurp the powers of the duly elected state government so as to not only upset the scheme of federalism and representative democracy, but also harmed public interests in sectors ranging from public health, education, environmental protection.

“The unconstitutional and undemocratic encroachment of the powers of a duly elected government has made governance in Delhi challenging and unnecessarily difficult for the elected government,” Sisodia’s affidavit said.

The ASG’S retort on Friday came after senior counsel Abhishek Manu Singhvi, representing the Delhi government, mentioned the matter before the CJI to apprise the bench of the filing of the new affidavits to show the “policy paralysis” in the Capital.

Singhvi said that the Centre may be asked to adduce its reply within a week.

The CJI, who also heads the five-judge bench in the matter, was not convinced by that. “What we are hearing before the Constitution bench is essentially confined to ‘services’ and the ancillary points of law. Whatever is happening on the ground, you write it in the affidavit and ask them to reply within a week. How can that be?” justice Chandrachud asked Singhvi.

At this, the senior lawyer replied that the context of a legal issue gets vilified if the factual scenario is not presented.

The CJI, however, said: “But you could have said all this without filing an affidavit when the matter would be taken up... Let us deal with the constitutional issues. No doubt, there will be underlying political issues but we will confine our adjudication to the constitutional issues. We will step back from the arena of conflict. We will not direct them to file a reply to this.”

Justice Chandrachud then clarified that there will not be any new filing in the matter. “We will now freeze all pleadings... else everyone will file affidavits until one day before the hearing,” he added.

On November 24, the Constitution bench will take up two cases pertaining to the protracted wrangle between the Centre and the AAP government in Delhi. The first relates to the tug of war between the Union and Delhi governments over the control of bureaucrats, while the second matter pertains to the 2021 Government of National Capital Territory of Delhi (Amendment) Act, which gives an upper hand to the LG in the matters of administration of Delhi.

On November 9, Sisodia filed two separate affidavits in the matter, accusing LG Saxena of encouraging the “recalcitrance of civil servants” towards the elected government, and derailing the governance of the national capital “in complete disregard of constitutional commitments to representative democracy and federalism”.

Sisodia alleged that LG Saxena, who stepped into the role in May, has been trying to appropriate the executive powers of the government so as to not only upset the scheme of federalism and representative democracy, but also harmed public interests in sectors ranging from public health, education, environment.

“The unconstitutional and undemocratic encroachment of the powers of a duly elected government has made governance in Delhi challenging and unnecessarily difficult for the elected government,” the affidavits by the Delhi government stated.

ON NOVEMBER 24, THE CONSTITUTION BENCH WILL TAKE UP TWO CASES PERTAINING TO THE PROTRACTED WRANGLE BETWEEN THE CENTRE AND THE AAP GOVT IN DELHI