The DCPCR had approached the Supreme Court docket over alleged freezing of its funds.
New Delhi:
Why ought to ”each dispute” between the Delhi authorities and the Lieutenant Governor land within the Supreme Court docket, the highest court docket noticed on Friday and requested the Delhi Fee for Safety of Little one Rights (DCPCR) to strategy the excessive court docket with its grievance.
The DCPCR had approached the Supreme Court docket over alleged freezing of its funds.
”What is going on is, each dispute, one and all, between the Authorities of the NCT of Delhi and the Lieutenant Governor is coming right here as a (Article) 226 petition,” a bench headed by Chief Justice D Y Chandrachud stated.
Article 226 of the Structure offers with energy of the excessive courts to subject sure writs.
The bench, additionally comprising Justices J B Pardiwala and Manoj Misra, noticed on Thursday, it handled a plea by Delhi authorities difficult Lt Governor V Ok Saxena’s choice to terminate the companies of all civil defence volunteers working as marshals in DTC buses.
”Go to the Delhi Excessive Court docket. Why ought to we entertain a petition underneath (Article) 32 right here,” the bench advised senior advocate Gopal Sankaranarayanan, showing for the DCPCR.
Mr Sankaranarayanan stated the plea filed by the fee was a bit totally different from different disputes between the Delhi authorities and the Lt Governor which have landed earlier than the Supreme Court docket to this point. ”This can be a fee and the fee’s cash has been frozen,” he stated.
The CJI advised him that the Supreme Court docket has entertained pleas coping with broader constitutional points. ”Now go to the excessive court docket,” Justice Chandrachud stated.
Mr Sankaranarayanan, whereas placing forth his argument, stated the funds of the fee can’t be frozen. ”How can six million youngsters of the state be advised that not a penny goes to come back to the fee,” he stated.
”That’s the reason excessive courts are there,” the bench advised him and requested, ”Why are you bucking the Delhi Excessive Court docket?” ”All the things between the Delhi authorities and the Lieutenant Governor is coming right here each two days. Bus marshal scheme was discontinued and we obtained a petition underneath (Article) 32,” the CJI stated.
Mr Sankaranarayanan stated the DCPCR is an impartial fee and the tenure of its members have come to an finish. He stated at current, the fee was not ready to strategy the excessive court docket afresh.
”Contemplating the character of the grievance which is being addressed earlier than this court docket by the DCPCR, we’re of the thought of view {that a} petition underneath Article 226 could be the suitable treatment,” the bench noticed.
Referring to Mr Sankaranarayanan’s submission concerning the finish of the tenure of the members of the fee, the bench directed the Supreme Court docket registry to switch these proceedings to the Delhi Excessive Court docket.
Whereas disposing of the petition, it stated the plea shall be re-numbered as a petition underneath Article 226 of the Structure.
(Apart from the headline, this story has not been edited by NDTV workers and is printed from a syndicated feed.)