Don't pre-judge issue of Shah's removal when it's before Prez

New Delhi:  The Delhi Lt Governor on Wednesday told the high court that it should not "pre-judge" the issue of removal of Jasmine Shah from the post of vice chairperson of DDCD and should await the decision of the President in the matter.  Additional Solicitor General Sanjay Jain, representing the LG, submitted before Justice Prathiba M Singh that the matter of Shah's removal is pending before the President and a court order on the same issue at this stage would "disturb the scheme of the Constitution". The court was hearing Shah's petition challenging a November 17, 2022 order issued by Director (Planning), Delhi government, on the LG's request to Chief Minister Arvind Kejriwal to remove him from the post of vice chairperson of Dialogue and Development Commission of Delhi's (DDCD), and pending such a decision, to restrain him from using his office space and withdraw the staff and facilities assigned to him.

The DDCD offices were subsequently sealed on the night of November 17 last year to prevent its alleged "misuse by Shah for political gains". The sealing exercise was undertaken by the Planning Department of the Delhi government. Justice Singh listed the case for further hearing on May 24 while observing that the decision of the President may come in the meantime. Jain said the petition is "premature" and the matter was sent to Centre for placing it before the President in terms of Transaction of Business of the Government of National Capital Territory of Delhi Rules in view of the difference of opinion between the LG and council of ministers and now awaiting the President's view on Shah's removal would facilitate a more comprehensive and meaningful decision by the court. The senior lawyer also argued that the court should await the decision of the constitution bench of the Supreme Court on the issue of control of services in Delhi. The senior counsel appearing for the petitioner said the present case does not come under the ambit of the matter pending before the Supreme Court.