High Court Closes Delhi Minister Gopal Rai’s Plea After Centre Grants Political Clearance For Attending Columbia India Energy Dialogue

The Union Government on Friday informed the Delhi High Court that political clearance has been granted for the foreign visit of Delhi’s Environment Minister Gopal Rai for attending Columbia India Energy Dialogue in New York.

The programme is scheduled to be held in New York, United States of America on September 18.

Solicitor General of India Tushar Mehta told Justice Subramonium Prasad that in the peculiar facts and circumstances of the case, political clearance was being granted for Rai’s travel from September 15 to 21.

However, he added that the order cannot be treated as a precedent as the courts cannot interfere in the realm of policy decisions in exercise of jurisdiction under Article 226 of Constitution of India.

Taking note of the submissions, the court disposed of Rai’s plea which challenged an order passed by the Union Government on September 12 denying him permission to travel abroad. He had sought permission to travel to New York from September 15 to 19.

Earlier in the day, ASG Chetan Sharma appearing for the Union Government defended the impugned order and said that when the Vice Chairman of Niti Aayog is already attending and representing India in the Dialogue, there is no requirement for Rai, who will represent the country as a cabinet minister, to also be present there.

Sharma also said that the source of funding of Rai’s travel will be state funding and that the same will not be of a private nature. 

However, SGI Tushar Mehta later joined the hearing through virtual conferencing mode and told court that political clearance was being given only in the case which should not be treated as a precedent by others.

It was Rai’s case that “arbitrary and malafide reasons” were assigned by the Centre while denying him the permission that since the Vice Chairman of NITI Ayog is going to represent at the Dialogue, a visit from the Delhi Government is not necessary as India is already being represented.

“…the invitation is specific for the different persons representing different stakeholders and does not intend to confine delegates at national level only for the formal representation of the country, therefore the reason cited herein above is nothing but a colourable exercise of power and accordingly bad in law,” Rai said in his petition.

The plea stated that Rai received an invitation on August 13 for attending and speaking at the Dialogue wherein all stakeholders, including Indian think tanks will address the issues of energy consumption.

It was Rai’s case that other officers from different States have already been permitted to attend the Dialogue and therefore, there was no need for denying the permission to him.

The plea further stated that the impugned order denying him permission to travel abroad has been passed by the Union Government in a haste manner, without any application of mind.

“The decision made by the Respondent is inaccurate and perverse in nature as there is absence of application of mind because the Petitioner is being invited to speak at the event,” it added.

Case Title: GOPAL RAI v. UNION OF INDIA

Citation: 2023 LiveLaw (Del) 834