Delhi CAG reports: HC refuses to order session

The Delhi high court on Friday dismissed a plea by seven Bharatiya Janata Party (BJP) legislators seeking directions to Speaker Ram Niwas Goel to convene a special assembly session for tabling 14 contentious Comptroller and Auditor General (CAG) reports, even as the court criticised the Aam Aadmi Party (AAP) government for its "inordinate delay" in taking steps to table the reports.

- Shruti Kakkar

A bench of justice Sachin Datta directed the Delhi government to "expeditiously table the reports" once the assembly reconvenes after the elections. Voting in Delhi is scheduled for February 5, with the results to be announced on February 8.

The verdict comes as a relief for the AAP, which has been pushing back against tabling the reports—many of which are ostensibly critical of the government and several parts of which have been put out in the public domain by the BJP. The issues covered in the reports include the Delhi excise policy, the renovation of the CM's official bungalow, vehicular pollution, public health, and the performance of government departments—all key campaign issues in the run-up to the elections.

These audit reports have been a recurrent flashpoint between the AAP and BJP. The principal opposition party has sought to corner the ruling AAP over the absence of reports in the run-up to the elections, accusing it of withholding information for fear it could dent its performance in the polls. The AAP, on its part, has labelled the claims as "fabricated."

In a 31-page verdict on Friday, justice Datta emphasised that the decision to reconvene a House after it is adjourned sine die without prorogation rests solely with the Speaker and is beyond the jurisdiction of the court. The court also noted the limited tenure remaining for the current assembly and the procedures required after tabling the reports, including scrutiny by the Public Accounts Committee (PAC), deeming a special session impractical at this juncture.

"As such, it has been unmistakably laid down by the Supreme Court that the power to reconvene sitting/s of the Legislative Assembly after it has been adjourned sine die without prorogation, is the sole prerogative of the Speaker of the Assembly. It is not permissible for this Court to issue directions with regard thereto," the judge held.