Delhi HC lambasts DCPCR for basing decisions on non-existent 'press release'

You filed a writ petition on the basis of a press release that is non-existent, said the court, adding the Comptroller and Auditor General of India CAG can audit DCPCRs account.The petitioner acted completely irresponsibly.

The Delhi High Court said on Friday the Delhi Commission for Protection of Child Rights (DCPCR) acted irresponsibly by filing a petition against the alleged stoppage of funding by Lieutenant Governor (LG) VK Saxena on the basis of a purported press release.

Justice Subramonium Prasad said the response of the petitioner to the LG's specific stand that there was no order to withhold the funding was ''wishy washy'' and the body should have been more responsible when making allegations against a constitutional authority.

''You are relying on a press release that is non-existent. You filed a writ petition on the basis of a press release that is non-existent,'' said the court, adding the Comptroller and Auditor General of India (CAG) can audit DCPCR's account.

''The petitioner acted completely irresponsibly'. When you are making allegations against constitutional authority, you have to be more serious,'' the court orally observed, adding one cannot ''bring down'' the office of LG in this manner.

The DCPCR had filed a petition last year challenging an inquiry and special audit ordered against it as well as the alleged stoppage of funds to it.

The child rights body had relied on a ''press note'' to claim the LG office's action was a setback that paralyses a statutorily protected and independent institution.

The LG, however, told the court that his office has not passed any order to withhold allocation of funds to the child rights body and no press release to that effect was issued.

During the hearing, the senior lawyer appearing for the petitioner said the press release was carried by several prominent news outlets and one of the newspapers even stated that the information was shared by the LG office with the reporter concerned.

The court said it was not concerned with the issue of press reporting in the present petition and that a petition has to be filed by a responsible officer.

The court also observed that the ''press release'' did not carry any official logo.

''From where did you get the press release which is not in the public domain? What is the basis of this petition?'' the court asked.

The counsel for the LG also said the response filed to his stand was by a person who is no longer a member of the commission.

The court listed the matter for further hearing on February 29 and said, ''Let reply by filed by someone in the office of the petitioner''.

Lieutenant Governor Saxena had last year approved a Women and Child Development (WCD) Department's proposal to institute an inquiry and ordered a special audit over alleged misuse of government funds by DCPCR.

It was stated that Saxena had also directed that no further request for allocation of funds by DCPCR would be entertained before the completion of the inquiry and special audit.

The DCPCR said in its plea any attempt to withhold or reduce the funds to it is a violation of its autonomy and threat to its survival.

It also said the statutory mechanism, which provides for audit by the CAG, has been sought to be diluted and there was an attempt to weaken this mechanism through a ''frontal assault''.

The petition said subjecting DCPCR to any other auditor was illegal and demeaned the office of the CAG.

It added that the proposal of the WCD Department, based on which the LG approved action, was ''replete with legal errors as well as malice''.

The LG's decision to carry out ''illegal audit'' is also based on extraneous considerations such as the spouses of the members of the Commission and their professions or professional past, it claimed.