HC reserves order on plea to quash LG order on ex-councillors

The Delhi High Court has reserved its verdict on a petition seeking setting aside of Lieutenant Governor's (LG) order denying the sanction to prosecute eight ex-MCD councillors who were allegedly caught on camera taking bribe for facilitating illegal constructions.
"We will consider the matter and pass an order," a bench of Chief Justice G Rohini and Justice R S Endlaw said.
During the hearing on the PIL filed by NGO Common Cause, advocate Raghav Shankar contended that the reasoning based on which LG has rejected the recommendations of Delhi Lokayukta, prima facie, "demonstrates a lack of application of mind and a failure to consider the relevant material."

He said the fact that a person has demitted public office does not efface his or her criminal culpability arising out of commission or omissions while holding such office.
Shankar also contended that when the recommendations contained in the report of the Lokayukta prima facie indicate the commission of an offence under a penal statute, it was not open to the competent authority to reject the recommendations.
During the arguments, the bench asked the NGO's counsel, "There is substantial question of law. What do you want us to do? Should we refer the matter to larger or full bench."
Responding to the bench's query, the lawyer submitted that LG should act judicially on the aid and advice of council of ministers but in the present case prosecution sanction was denied despite the fact that Lokayukta had prima facie found offence being committed by elected representatives.

"Your is a case where there was no conflict of interest of the ministers, so the governor or LG can act on the aid and advice of council of ministers. If there was conflict of interest then LG would have acted without the aid and advice of council of ministers," the bench observed.