In a communiqué to Union Home Secretary Ajay Kumar Bhalla, Delhi Lieutenant Governor Vinai Kumar Saxenas Principal Secretary Ashish Kundra has alleged that there have been concerted attempts by AAP Government  at misleading the courts, with an apparent aim of influencing the justice delivery system by way of filing scurrilous and frivolous litigations wasting several precious man-hours of public officials and trying to secure an endorsement of the same from the courts by presenting patently false affidavits,  There have been concerted attempts at misleading the courts, with an apparent aim of influencing the justice delivery system by way of filing motivated and premeditated petitions and trying to secure an endorsement of the same from the  courts by presenting patently false affidavits. The attempts obviously are, apart from misleading the Courts, to create a false Media narrative which maligns the constitutional office of Lt. Governor in public domain,  Kundra said.  In a matter relating to upgradation of infrastructure in the Delhi High Court and subordinate judiciary in the city, the  Supreme Court of India came down heavily on the GNCTD over lack of infrastructure for the judiciary and the inordinate delay in granting funds for infrastructure projects approved by the Delhi High Court.  Projects pertaining to various District Courts had been pending even after due approval of the Delhi High Court from 2019.  Prior to this, the Lt. Governor upon being apprised of these inexplicable delays caused by the GNCTD in clearing files and proposals pertaining to courts, judicial infrastructure, had invoked Rule 19(5) of ToBR of GNCTD, 1993, on 7thDecember,2023, directing that all such files be submitted to him for decision within 03 days. While recalling the files, he had expressed his serious concern on the pendency of such a large number of important proposals, which was creating barriers in administration of justice in the Capital of the country and affecting people at large.  These files had been pending with the Minister (Law), GNCTD for a long.  Subsequently, the minister in charge cleared the proposals and sent the same to  Lt. Governor through the Chief Minister, thereby finally addressing the issue, it said. Kundra further stated that the entire matter was obviously a smoke screen, yet again aimed at creating a negative imagery about the Lt. Governor, since the Minister concerned knows fully well that Finance and Water are transferred subjects, and the Lt. Governor has no role whatsoever in decisions taken thereof and no file whatsoever is routed through or presented to the Lt. Governor for decisions in this regard.  In another similar instance, the  Delhi High Court, on 02.04.2024, in a WP(C) No. 280/2024, Delhi Commission for Protection of Child Rights (DCPCR) vs. Office of Lt. Governor &Ors., after hearings on 10 earlier occasions, disposed the petition as withdrawn by the petitioners. Another important matter relates to an ongoing case in the Delhi High Court on the Excise Policy. In pursuance of the High Court order dated 29.03.2022, a Committee was constituted for the purpose of identification and classification of conforming and non-conforming wards in NCT of Delhi w.r.t. implementation of the New Excise Policy 2021-22 (now rescinded). The said Committee submitted its report on 18.08.2022, and the file to this effect was received for the first timeby the Lt. Governors Secretariat for submitting the report to the  High Court, only on 16.01.2024 i.e. after a lapse of almost 01 year and 05 months. However, the Government Counsel kept misleading the  High Court on several occasions of hearing that the file was pending approval of the Lt. Governor. This misrepresentation of facts by the government counsel also got reflected in various orders of the High Court, wherein High Court kept requesting the Lt. Governor to dispose the file, even though no such file was pending in this secretariat, read the letter. This case is a sad reflection on the manner in which standing  counselsof government make patently false and misleading statements in the Honble Courts, projecting the Lt. Governor and his office in poor light. Kundra also cited the case of Farishtey Scheme and releasing pending hospital bills and making timely payments to private hospitals. The same was played up in the Media, apparently at the Governments behest, as a supposedlegal tussle, where the government counsel attributed the stoppage of the Farishtey Scheme to the Lt. Governor, before the Honble Supreme Court, which subsequently issued a notice to LG Office. The facts, as far as the operationalization of the Farishtey Scheme and payments made thereunder to private hospitals are concerned, belie the very basis of this Writ Petition.  The total number of beneficiaries under the Farishtey Scheme during FY 2022-23 was 3698 and the same stands at about 3900 in 10 months, till mid-February during FY 2023-24.  The payments done to private hospitals for the same in FY 2022-23 stood at Rs. 4.85 crores and the same till 12 February this year, stands at Rs. 4.99 crores.  These figures, prima facie neither indicate a halt in the Scheme, nor do they support allegations of non-payment, made by the Honble Minister and endorsed by the Honble Chief Minister - in fact they refute the claims.   While many similar cases are going on in different courts, it is pertinent to highlight that such misleading measures undertaken by the GNCTD, apart from spending crores of rupees of the public exchequer on scurrilous litigation and wasting several precious man-hours of public officials, also burdens the already overburdened Courts, with frivolous litigations. Such attempts apart from misleading the Courts create a confusing and skewed narrative that maligns the image of the Lt. Governor in public mind.  This communication is meant to keep the Home Ministry apprised of the developments in Delhi with regard to avoidable litigation in various court by the Delhi government, read the letter.

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