LG slams Delhi government for making false statements in high court

Delhi lieutenant governor VK Saxena has alleged that the state government submitted “false” and “misleading” information to the Delhi high court in a case concerning the transfer of schools for children with disabilities from one ministry to another, even as he ordered the Capital’s chief secretary to bring these submissions to the court’s notice, in what is the latest in a series of flashpoints between the Centre’s nominated representative and the city’s elected administration.

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An officer in the LG’s office aware of the matter said the Delhi government misled the high court on “two occasions” — on November 18 last year and February 17 — submitting at both times that the process of handing the schools over was pending with Saxena, a claim the LG says is false.

“As a matter of fact, the file was submitted to the LG’s office for consideration only on March 28 this year, more than four months after false assertions were made before the high court,” said the officer cited above.

The Delhi government did not respond to requests for comment.

The officer said Saxena has asked the chief secretary to bring to the notice of the high court the “false statements” through an affidavit.

The matter was brought to the high court’s notice in 2018, when an NGO, the National Federation of the Blind, claimed that children with disabilities studying in special schools run by the state social welfare department were not being supplied with assistive devices and reading material in Braille.

The petition sought that these schools be run by the education department instead.

Documents submitted by the state education department to the social welfare department days before each of the above-mentioned hearings appear to back up the LG’s allegations. HT has seen the documents.

According to the first document, dated November 7, 2022: “The process of taking over seven special schools presently under the department…is under consideration with the hon’ble LG…for seeking approval of the various service matters…”

The second statement, sent on February 15, said, “Since the competent authority in this matter is the hon’ble lieutenant governor, the taking over of seven special schools… will be finalised as soon as the approval is accorded…”

The flashpoint is the latest episode in the near-constant tussle that has roiled relations between Raj Niwas and the Aam Aadmi Party (AAP) government.

Saxena has, since then, ordered or approved probes against several key government programmes, including the 2021-22 excise policy, purchases of electric buses, as well as referring to the President the Central Bureau of Investigation’s (CBI) request for a probe into the government’s erstwhile Feedback Unit (FBU).

The Supreme Court is also hearing a matter over the control of services in the Capital.

According to a senior officer of the social welfare department, the seven special schools are in Mayur Vihar, Rohini, Delhi Gate, Nehru Vihar, Kalkaji and Kingsway Camp. “The department of education sent an action-taken report to the directorate of social welfare in the third week of February this year, conveyed that the proposal from their end will soon be submitted to the LG’s office. The next date of hearing in this matter is in October this year,” the officer said.

People in the LG’s office said that the state government had, in a separate case concerning the reconstitution of the Animal Welfare Board, “mischievously” informed the court that the move was delayed since Saxena’s approval was pending.

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The official cited above accused senior functionaries of the government and AAP of also making “blatantly false, misleading, accusatory and defamatory statements” concerning the government’s flagship power subsidy programme — another issue that has emerged as a tussle between the two.

Experts said falsehoods before the court can attract serious charges.

Additional solicitor general (supreme court) Sanjay Jain said, “It is a criminal act. The court can ask for the file noting for enquiry and fix the accountability on the culprit. The court will definitely scrutinise the whole chain of bureaucrats to the minister concerned. They all may be under the scanner,” he said.