HC seeks Delhi LG’s stand over DCPCR plea on freezing of its funds

The Delhi high court on Wednesday sought lieutenant governor VK Saxena’s stand in connection with a plea by the Delhi Commission for Protection of Child Rights (DCPCR), challenging an alleged freezing of funds by his office.

The commission had originally moved the Supreme Court on December 15, but the apex court transferred the plea, saying that every dispute between the Delhi government and the LG need not come before it.

On Wednesday, though the high court sought the LG’s stand, it expressed reservations to hear DCPCR’s plea under its writ jurisdiction, saying that it would have to call for rejoinders since some portions of a November 9 press release by Saxena’s office, recommending action against the commission, took a “political colour”.

The portions of the press release that the court was referring to mentioned that former DCPCR chairman Anurag Kundu and six members were politically affiliated with the Aam Aadmi Party (AAP), one of its members was the spouse of a “favoured” DANICS officer presently posted in Andaman and Nicobar, and member Durgesh Pathak had resigned in 2022 to contest the assembly elections.

“I would’ve said ‘audit, go ahead’. But Page 154 of the petition (containing the November 9 press release) takes a political colour and that’s when my problem begins for 226 court to entertain… The usual foundation and motive and the problem comes here,” justice Subramonium Prasad told senior advocate Gopal Sankaranarayanan (appearing for DCPCR) and advocate Bani Dixit (appearing for the LG).

The court further posted the hearing in the plea for January 19.

On November 9, the LG’s office, while approving the women and child development (WCD) department’s proposal to initiate inquiry against DCPCR into allegations of misuse of government funds, ordered a special audit of the statutory body’s funds. The LG’s office had also stopped the allocation of funds to the commission till the completion of inquiry and special audit.

DCPCR, however, said it has followed all procedures and taken the necessary approvals.

In its petition before the Supreme Court, the commission had contended that a cessation of funds would undermine its ability to monitor children’s homes, negatively impacting the implementation of care mandated by the Commission for Protection of Child Rights (CPCR) Act, 2005 and DCPCR Rules, 2008.

“This setback would paralyze a statutorily protected institution, risking emergency response systems for children facing violence, child labour and begging. Any attempt to withhold or reduce the funds of the Commission pending the outcome of any inquiry is a violation of its autonomy and a threat to its survival. The Commission cannot perform its duties without the necessary resources and staff. Effectively, without repealing the Act, the Act is rendered unenforceable,” read the petition filed through advocate Talha Abdul Rahman, objecting to the audit ordered by the LG.

On Wednesday, Dixit submitted that the action was taken on the basis of recommendation by other state authorities, and sought time to seek instructions. On the other hand, Sankaranarayanan submitted that allocation of funds had been brought to a grinding halt.