New Delhi, April 28 The Delhi High Court on Friday stayed the Public Works Department (PWD)'s order declaring Aam Aadmi Party (AAP) leader Jasmine Shah an unauthorised occupant and directing him to vacate his government housing.
Given that there is already a case before the court challenging Lt Governor Vinai Kumar Saxena's order removing Shah's privileges, Justice Prathiba M. Singh expressed shock at witnessing such conduct.
"On the last date, we adjourned the main matter. This case is part-heard here. I am very surprised with this," she remarked.
Additional Solicitor General Sanjay Jain, appearing on behalf of the LG, claimed that the relevant order was not issued by him. The Secretary of PWD is the appropriate authority in this case, he said.
The court then proceeded to stay the order and listed the matter for May 24.
The LG and the Director of Planning had earlier told the High Court that Shah's plea challenging the decision to restrict him from "discharging his duties" as the Dialogue and Development Commission of Delhi (DDCD) Vice Chairman is "premature".
Before the same single-judge bench, the ASG had said that the court ought to await the decision on the reference made by the LG to the President regarding the issue of his removal before deciding the matter.
He had submitted that the constitutional bench of the Supreme Court has reserved the judgement on the issue relating to the manner in which the aid and advice of the Council of Ministers is to be sought by the LG "in respect of services".
The outcome of the top court's judgement ought to be awaited before as it will have a bearing on Shah's plea, he had added.
Appearing for Shah, senior advocate Dayan Krishnan had argued that the matter does not fall within the meaning of services as considered by the constitutional bench and thus, there is no need for the court to await the judgement of the constitutional bench.
Jain pressed that the court ought not prejudge the issue and must await for the President's order as Shah placed reliance on the Transaction of Business GNCTD Rules.
Referring to the apex court's judgement in a State NCT v. Union of India case, he contended that the decision clearly states that it is only when the LG does not make the reference, a decision has to be implemented by the government.
The judge had scheduled the next hearing in this case too, for May 24.
Saxena, on November 18, 2022, had asked Chief Minister Arvind Kejriwal to restrict Shah from "discharging his duties" as the DDCD Vice Chairman and from using any privilege and facilities associated with the office.
The LG had also asked the CM to sack Shah for allegedly "misusing his office for political purposes". Shah had said the L-G's action is "without jurisdiction, completely illegal, and unconstitutional". The AAP politician then moved the High Court to challenge the LG's action.
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