No order passed to stop funds to DCPCR, LG tells Delhi HC

Lieutenant governor (LG) VK Saxena on Friday told the Delhi high court that he has not passed any order directing the stoppage of funds to the Delhi Commission for Protection of Child Rights (DCPCR) and that the November 9 press release — regarding him purportedly ordering an audit of the commission’s funds — was never issued by his office.

Considering the submissions, the court directed Saxena to file an affidavit saying the commission’s funding would not be stopped, and that the press release took a “political colour”.

The court was considering DCPCR’s plea challenging the freezing of funds by Saxena’s office which was transferred by the Supreme Court. The commission in the petition filed through advocate Talha Abdul Rahman before the apex court had contended that cessation of funds would undermine the commission’s 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.

“It is something serious if it’s true. Because the petition gives it a political color. Give us a status report that you (LG) are not going to stop the funding & the so-called press release has never been issued by the LG,” justice Subramonium Prasad told the counsel who appeared for the LG and posted the matter for January 25.

The commission, in its petition objecting to the audit, had contended that this setback would paralyse 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.

On January 10, the court while seeking the LG’s stand in DCPCR’s plea had expressed reservations about hearing the commission’s plea under its writ jurisdiction saying that it would have to call for rejoinders since some portions of the press release issued by Saxena’s office took a “political color”. The portion in question said that the commission’s former chairman and six members were politically affiliated with the Aam Aadmi Party (AAP).

On November 9, the press release purportedly issued by LG’s office directed that the funds allocated to the commission be stopped till the completion of an inquiry and special audit. HT reported in November that officials in the LG office said that according to the women and child department, the salary components in DCPCR increased from ₹17 lakh in 2017-18 to ₹2 crore in the current fiscal as several consultants were hired, and the salary of the chairperson and members was increased without the LG’s approval. The press release also stated that DCPCR has not adhered to provisions envisaged in the CPCR Act, 2005 and DCPCR Rules, 2008. DCPCR, however, said it has followed all procedures and taken the necessary approvals.