Delhi HC questions petitioner's 'right to demand' to make CAG reports public

New Delhi, Jan 24 (PTI) The Delhi High Court on Friday questioned a petitioner on his "right to demand" to make public CAG reports on Delhi's governance and administration.

A bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela took note of Article 151 of the Constitution with respect to tabling of the reports in the legislature and said while the public had the right to know, it couldn't be in violation of a constitutional provision.

The court said Article 151 was a "requirement" and the present matter was "important" as a "citizen trying to know something was confronted with a constitutional provision".

The senior counsel appearing for the petitioner argued that the citizens had a "right to know" under the Right to Information Act and Article 19 of the Constitution.

She stressed on the right of the Delhi voter to know the content of the reports before the capital went to polls on February 5.

The bench, however, asked the senior counsel not to make "generalised arguments" but show the legal provision based on which the prayer to make the audit reports public was sought.

"Generalised arguments will not do. We are dealing with reports prepared by a constitutional body. We have to be conscious. Unless we comply with Article 151, how can it be brought in public domain?" asked the bench.

"Public has the right to know but not in violation of any constitutional provision. If prayer is granted, Article 151 will be violated," it added.

The senior counsel sought time till January 27 to go through the single-judge's verdict dismissing the plea for calling a sitting of the assembly for tabling the reports.

The court said the matter raised issues, including whether the CAG report could be considered as "information" under the RTI Act before it was tabled and posted the hearing on February 3.

"It (report) may become information after it is tabled. Unless it is tested in the assembly, it does not become information under the RTI. It is a constitutional mandate. They have no right of getting out of it. In our opinion, it does not fall within information," the court said.

Petitioner Brij Mohan, a retired civil servant, said Delhi voters must be aware of the state of affairs in the capital and its financial health before casting votes in the assembly polls.

The CAG, in its reports, was critical of some of the AAP-led Delhi government's policies, including its now-scrapped excise policy for reportedly causing losses to the exchequer.

The plea claimed the reports over various issues ranging from excise policy to pollution, had a direct impact on governance in Delhi.

"The general elections are due in early 2025 in Delhi, and political parties are making all sorts of promises to voters in Delhi. It is absolutely essential that financial health of Delhi should be known to public before Delhi goes to polls," the PIL said.

"The present deadlock in making the CAG's reports public appears to be arising from the situation and that Delhi Government, for whatever reason, is not inclined to make the reports public, whereas the public interest demands that the reports should come in public domain before elections are held in Delhi," it added.

The petitioner sought a direction to the Central government, the Lieutenant Governor and the CAG, to make the reports public. PTI ADS AMK