Delhi High Court Adjourns Jasmine Shah's Plea Against Removal From DDCD To May 24 After LG Says President's Decision On Reference Awaited

Delhi Lieutenant Governor Vinai Kumar Saxena and the Director of Planning on Wednesday told Delhi High Court that Jasmine Shah's plea against his removal from the post of Vice Chairperson of Dialogue and Development Commission of Delhi (DDCD) is premature.

Additional Solicitor General Sanjay Jain told Justice Prathiba M Singh that the court ought to await the decision on the reference made by the LG to the President of India regarding the issue of his removal before deciding the matter.

The submissions were made during the hearing of Shah’s plea against LG's decision asking Chief Minister Arvind Kejriwal to remove him from the post and restricting him from discharge of functions as the V-C in the meantime.

In an order conveyed through Director (Planning) Vijendra Singh Rawat on November 17 last year, the LG had requested Kejriwal to remove Shah from his post for allegedly misusing the public office for political activities. 

Pending the decision of the Chief Minister, Shah was restricted by the LG from using his office space and the staff and facilities assigned to him were also withdrawn.

The LG and Delhi's Director (Planning), in a preliminary counter affidavit, said that the matter regarding Shah’s removal from the VC post was referred for a decision by President of India, due to the difference of opinion between LG and Chief Minister.

During the hearing today, Jain submitted that the constitutional bench of the Supreme Court has reserved the judgment on the issue relating to the manner in which the aid and advise of the Council of Ministers is to be sought by LG “in respect of services.”

He submitted that the outcome of Apex Court’s judgment ought to be awaited before as it will have a bearing on Shah’s plea.

On the other hand, Senior Advocate Dayan Krishnan representing Shah submitted 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 judgment of constitutional bench.

Jain placed reliance on the Transaction of Business GNCTD Rules and submitted that the court ought not prejudge the issue and must await the order of the President of India.

He referred to the judgment of Supreme Court in State NCT v. Union of India to argue that the decision clearly states that it is only when LG does not make the reference, a decision has to be implemented by government.

After hearing the parties, the court said: “Since the reference having already been made in the matter, this court ought to await the decision of the President of India... List for further hearing on May 24.”

In September, 2022, BJP MP Pravesh Sahib Singh had filed a complaint alleging that Shah was acting as official spokesperson of the Aam Aadmi Party before the media, and called it a misuse of public office.

Shah, who was appointed as the chairperson of the government think tank in 2020, was issued a show cause notice by the Director of Planning Department for alleged "misuse of public resources" for political activities. 

Shah had chosen to submit his response to the Chief Minister through Deputy Chief Minister/Minister (Planning). The LG had earlier sought a copy of the reply from the Chief Minister's office but the same was not provided, according to the planning department.

Defending his political activities, Shah in his petition has argued that the expectation of 'political neutrality' is only associated with 'government servants' who constitute the 'permanent executive' in a parliamentary system of democracy such as the one adopted by India.

He has also said that he has never used the official premises of the DDCD for any television debate or media interaction "as alleged in the complaint, and rubber stamped in the impugned order".