'Do Some More Research': Delhi High Court To Litigant Seeking Removal Of BJP, AAP Leaders From PSUs, Statutory Bodies

The Delhi High Court on Friday adjourned the hearing of a public interest litigation seeking removal of persons, who continue to hold official positions in political parties, even after their appointments to statutory bodies and public sector undertakings.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad told the petitioner's counsel to "do some more research and homework", while listing the matter for hearing on January 17, 2023.

The plea moved by an Advocate Sonali Tiwary also seeks constitution of a committee for framing of guidelines with regard to the appointment of persons, holding official positions in political parties, as public servants. The PIL has been filed through Advocate Aditya Raj.

The plea avers that the requirement of being "politically neutral" as public servants is being violated as people affiliated with political parties are routinely being appointed as public servants. As per the plea, the same has gross implications on policy making and also tantamounts to abuse of public office.

"There are other important issues. People are not getting proper treatment. People are not getting jobs. I can understand that kind of a PIL. This is only to….," the bench orally remarked.

"Do some more research. We will take it up after some time….do some homework," the court told Senior Advocate Sanjoy Ghose, who was appearing pro bono for the petitioner.

Additionally, Justice Subramonium Prasad also told Ghose "The question is what is the nature of your petition… without any specific provision which prohibit holding of such positions, you have tried to equate Prevention of Corruption Act with meaning of public servant under IPC and then trying to say that public servant amounts to civil servant and therefore bar…which is why I am not able to join dots. Unless some more concrete reasons are shown…"

The PIL has cited the example of Sambit Patra, a national spokesperson of Bharatiya Janata Party, who is also the Chairman of India Tourism Department Corporation (ITDC).

"A mere look at the Twitter profile of Sh. Patra would demonstrate that he is in gross and wilful violation of the principle of neutrality that is applicable to each and every public servant who is getting his allowance from the taxpayers money. In his Twitter profile, Sh. Sambit Patra has himself stated that he is the National Spokesperson of the BJP," the plea states.

Reference has also been made to Iqbal Singh Lalpura, who is the Member of BJP's Parliamentary Board, and also holds the position of Chairperson of National Minorities Commission.

Others who are referred to are Jasmine Shah and Dr Chandrabhan Singh, who also hold posts in government bodies, apart from being Spokesperson of Aam Aadmi Party and Member of Rajasthan Pradesh Congress Committee, respectively.

As per the plea, the persons being public servants have failed to perform the public duty, "leading to the exploitation of public resources."

"Being alarmed and aggrieved by the wilful disobedience and the non-adherence to the doctrine of political neutrality by the public servants, which has potential to cause huge loss to the public exchequer due to the biased decision making of the public servants and abuse of public funds for political gains to certain political parties, the Petitioner has filed this writ petition in public interest," the plea states.

Union government through the Ministry of Personnel, Public Grievances and Pensions; Delhi Government, State of Rajasthan, Patra, Lalpura, Shah and Singh are respondents in the case. 

Title: SONALI TIWARY v. UNION OF INDIA & ORS.