Freezing of Funds: Delhi HC Seeks LG Saxena’s Stance on DCPCR Plea

The Delhi High Court on Wednesday sought the stand of the city lieutenant governor on a petition filed by the Delhi Commission for Protection of Child Rights (DCPCR). The petition challenges an order withholding funds to DCPCR pending an inquiry and a special audit, alleging misuse of government funds.

A bench of Justice Subramonium Prasad, while reviewing a press note detailing the actions taken by Lieutenant Governor V K Saxena against the child rights body, noted that certain portions of the document seemed to have taken on a “political colour.” The judge asked the counsel for the LG to seek instructions, expressing concern over the political aspect on page 154 of the document.

“I would’ve said ‘audit, go ahead’. (But page) 154 takes a political colour. That’s when my problem begins…The usual foundation and motive problem (is there),” the judge pointed out.

The highlighted portion mentioned that DCPCR’s former chairperson, Anurag Kundu, and six members were politically affiliated with the Aam Aadmi Party (AAP). The counsel for the Lieutenant Governor stated that the action was taken based on the recommendation of other state authorities and requested time to seek instructions.

Last year, Lieutenant Governor Saxena approved a proposal from the Women and Child Development (WCD) Department to conduct an inquiry and ordered a special audit due to alleged misuse of government funds by DCPCR. Saxena also directed that no further requests for fund allocation by DCPCR would be entertained until the completion of the inquiry and special audit.

Senior advocate Gopal Sankaranarayanan, representing DCPCR, informed the high court that the allocation of funds to the child rights body had come to a standstill. DCPCR, in its petition, argued that such a setback paralyzed a statutorily protected and independent institution, endangering emergency response systems for children facing violence, child labor, and begging.

The plea contended that any attempt to withhold or reduce funds to DCPCR violated its autonomy and posed a threat to its survival. It also raised concerns about the statutory audit mechanism by the Comptroller and Auditor General (CAG) being diluted, undermining the office of the CAG.

The petition argued that subjecting DCPCR to another auditor was illegal and demeaned the office of the CAG. It asserted that the WCD Department’s proposal, based on which the LG approved action, was riddled with legal errors and malice. The petition claimed that the investigation had a predetermined and biased outcome, particularly regarding the political affiliation of DCPCR members.

The matter is scheduled for the next hearing on January 19, 2024.