Bar and Bench
Bar and Bench

@barandbench

12 Tweets 3 reads May 02, 2024
#Breaking
Delhi High Court castigates Arvind Kejriwal led Delhi government and AAP led MCD for its failure to provide textbooks to over 2 lakh students.
Court says Delhi govt is only interested in appropriation of power and by not resigning, despite his arrest, Arvind Kejriwal has put personal interest over the national interest.
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@ArvindKejriwal
A Division Bench of Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora made these scathing remarks while dealing with a PIL raising the issue that the students studying in MCD schools have not received textbooks and are studying in tin sheds because of the logjam in the civic body.
ACJ Manmohan also commented on the conduct of Urban Development Minister Saurabh Bhardwaj and said that he had turned a blind eye to the plight of students and is shedding crocodile tears.
Delhi government counsel Shadan Farasat submitted that he received instructions from Bharadwaj that in absence of Standing Committee of MCD, delegating more powers to an appropriate authority would require the consent of the Chief Minister who is presently in custody.
To this submission, ACJ Manmohan replied that because there is a vaccum does not mean students can be allowed to study without textbooks.
"It is your choice tha you have said that the government will continue despite the Chief Minister being in custody. You are forcing us to go down the road which we didn't want to go. We have said it so may times in the PILs tha came before us. But this is your administrations call... If you want us to comment on it, we will come down with all the rigour," the Court said.
Justice Manmohan added that he will put Saurabh Bhardwaj's name in the order as well.
Farasat said that the reason MCD does not have a standing committee is because the LG appointed aldermen illegally and the Supreme Court is seized of the matter.
Farasat also submitted that the Delhi govt does not have much power anyways.
To this, the Court remarked that the Delhi government is least bothered about students not going to school or having textbooks.
All that you are interested in is power. This is arrogance of power at its highest, the Court added.
As a court, distribution of books, uniforms etc… this is not our job. We are doing this because someone is failing in their job…. Your client is just interested in power. I don’t know how much power do you want? The problem is because you are trying to appropriate power which is why you are not getting power.
The Court warned the government to not underestimate it.
"Don't underestimate our guts. You are underestimating our power... You are putting children as a trading point, they are not a trading commodity for us."
ACJ Manmohan added that the Delhi government's stand in the case is an admission that things are very bad in Delhi almost every major aspect under the MCD is stalled.
Ultimately, it reserved orders in the matter and said that the judgement will be pronounced on Monday.

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