Jasmine Shah case: Delhi HC directs parties to file affidavit

New Delhi [India], November 28 : The Delhi High court on Monday directed the parties to file an affidavit on the plea moved by Jasmine Shah. Shah has challenged the recommendations of Lieutenant Governor Vinai Kumar Saxena to Chief Minister Arvind Kejriwal to remove him from the post of Vice Chairperson of the Dialogue and Development Commission and restrict him from discharging functions.
Meanwhile, the court has refused to grant any interim in favour of Jasmine Shah.
Justice Prathiba M. Singh asked the parties to file their affidavits in the matter. The court has listed the plea for hearing on December 13.
The court said the case can't be decided without a counter affidavit on record.
Meanwhile, the counsel for Delhi Dialogue and Development Commission (DDC) submitted that the Aam Aadmi Party government in Delhi has refused to accede to LG Vinai Kumar Saxena's request for the removal of Vice Chairperson Jasmine Shah from the post. The planning department has been directed to rescind the orders against him.
On the other hand, Additional Solicitor General (ASG) Sanjay Jain in instructions submitted that Deputy CM Manish Sisodia has sent a file with noting to Lieutenant Governor. Please keep the matter tomorrow or the day after tomorrow.
Jain also told the court that the LG's order against Shah has not attained finality.
During the hearing the senior counsel Rajiv Nayar argued that the LG has asked the CM to take a decision but meanwhile in the night Shah's office was sealed.
The court asked, "What is the function of the commission?" The counsel for the respondent submitted that nothing but it is a think tank of the Aam Admi Party.
On the other hand, the counsel for the petitioner submitted that the commission's function is to take broad policy decisions.
The court said, "But allegations are that you were campaigning..."
Parties to file the affidavits without the case can't be decided, the court said.
The Delhi High court on November 22, adjourned the hearing on the plea of Jasmine Shah challenging the recommendation of Vinay Kumar Saxena, the Lieutenant Governor of Delhi.
The LG has recommended the Chief Minister to remove the petitioner from the post of Vice Chairperson of the Delhi Dialogue commission. The petitioner has termed the action unfounded.
Justice Yashwant Varma had said, " We are only concerned with jurisdiction assumed by LG Delhi. The scope of power has to be seen."
During the hearing, Senior Advocate Rajiv Nayar and Dayan Krishnan appeared on behalf of Jasmine Shah.
Senior advocate Rajiv Nayar submitted that the action is completely unfounded. The LG has no power. The office has been sealed.
J Varma said, " Office is not his personal space."
Rajiv Nayar further submitted that the appointment is by the decision of the government. The LG recognises the fact by asking Chief Minister to take action.
The bench said that the order is only a recommendation.
Senior advocate Nayar argued that the action is completely unfounded. The LG has no power. There are three impugned orders.
The court had asked, "Has the Chief Minister acted on the recommendation?
No. It is a common order. In the interim, the office has been sealed, Nayar argued.
Senior advocate submitted that one section and one rule have been used to exercise the power. They only talk about the duties of the Chief Minister in respect of furnishing of information to LG.
The bench asked, "Is it a political office? No qualifications prescribed. What is the nature of the commission? Is it funded by the Government of Delhi?
Senior advocate Nayar said, " I have listed my achievements in the petition.
Justice Yashwant Varma had remarked, " You may be very accomplished but what has been noted by LG also gets us thinking that people who hold honorary positions can continue with other activities.
Nayar argued that the Chief Minister is the chairman of the Delhi Dialogue commission. The post of chairperson is coterminous with the government.
On the other hand, the counsel for the respondent said that
Jasmine Shah has been paid an allowance and other benefits.
The counsel also submitted that the office has been used for political activities.
Justice Varma asked the Senior Counsel Dayan Krishnan, " That is what is striking us is that once you take the position, whether the other activity should be permitted to continue.
The LG has accused Shah of misusing public office for "personal political activities", in gross violation of constitutional principles of neutrality. His office was also sealed.