After a scathing critique directed at imprisoned Chief Minister Arvind Kejriwal and his administration, along with the AAP-led MCD last week, the Delhi High Court emphasized today that the functioning of the Delhi Government has hit a standstill following the AAP leader's arrest.
The statement emerged when the then Urban Development Minister Saurabh Bharadwaj stated that any increase in the financial power of the MCD Commissioner requires the approval of CM Kejriwal.
Underlining the non-ceremonial nature of the Chief Minister's role in a pulsating metropolitan city like Delhi, the court underlined that the CM has to be made available 24/7.
This observation is perceived as another significant setback for the AAP, which has insisted that CM Kejriwal would continue to oversee governmental matters even while in custody.
"The welfare of the nation and its citizens demands that the Chief Minister remains accessible and engaged, rather than being unreachable or absent for prolonged or indefinite periods," asserted the Bench.
The court addressed a PIL highlighting the dismal state of education in MCD-operated schools. It had earlier pointed out that nearly two lakh students were deprived of basic amenities due to administrative obstacles.
Today, the Bench directed the MCD Commissioner to allocate funds for providing textbooks and other necessities to students without being restricted by the ₹5 crore spending limit.
In its statement, the court stressed, "Therefore, this court firmly believes that the unavailability of the Chief Minister, disputes over the formation of a Standing Committee, or disagreements regarding the appointment of aldermen by the LG, should not impede the immediate provision of free textbooks, stationery, and uniforms to schoolchildren."
The court, in the proceedings, held that CM Kejriwal's decision to remain in office despite arrest was a matter of personal choice but was strictly warned that the fundamental rights of the young learners cannot be compromised due to the absence of the CM.
Underlining that the right to free educational material for students under the Right to Education Act is not only a legal right but also a fundamental right under Article 21A of the Constitution, the court underlined that the root concern is "power," "control," "territorial dominance," and "credit attribution."
Earlier, the court had rebuked CM Kejriwal for not resigning despite arrest on the charge of money laundering, remarking that he had given precedence to personal interests over the national interests.
The court had also castigated the AAP government for not distributing textbooks among the 2 lakh students studying in the MCD schools in the national capital.
A Bench comprising Acting Chief Justice Manmohan and Justice Manmeet Pritam Singh Arora rebuked the Delhi Government for placing "power over public welfare."
Subsequently, even the Lieutenant Governor's office accused the Delhi Government and Minister Bharadwaj of stalling the approval of a proposal to temporarily increase the financial powers of the MCD Commissioner from Rs 5 crore to Rs 50 crore.
The CM Kejriwal had been taken into custody on March 21 by the Enforcement Directorate in connection with a money laundering case related to an alleged excise policy scam. He is now under judicial custody.
The Bench reiterated that children are not commodities to be traded, even while it criticised the government's admission of failure across various dimensions within the MCD's purview.
