Supreme Court Seeks CAG’s Response on Awarding Government Contracts to Close Relatives of State’s Executive Head

SUPREME COURT LAW INSIDER

LI Network

Published on: October 25, 2023 at 10:15 IST

The Supreme Court has taken a significant step in the ongoing case related to the awarding of government tenders by the state government of Arunachal Pradesh a decade ago.

The Court, comprising Justice Aniruddha Bose and Justice Bela M Trivedi, has directed the Comptroller and Auditor General of India (CAG) to provide insights on a crucial matter.

The central question pertains to whether close relatives of the Executive Head of the State can be granted government contracts?

The Court’s directive came in response to a Special Leave Petition (SLP) filed by the NGO “Voluntary Arunachal Sena,” which raised allegations that government contracts were awarded without a proper tendering process in Arunachal Pradesh.

This legal battle began in 2010 when the NGO challenged the dismissal of a Public Interest Litigation (PIL) filed in 2007 by the Gauhati High Court.

Importantly, the former Chief Minister, Dorjee Khandu, who held office from 2007 to 2011, is a respondent in this case. Subsequently, the incumbent Chief Minister, Pema Khandu, who is the son of Dorjee Khandu, was also added as an additional respondent in a personal capacity.

The Supreme Court has expressed its interest in seeking assistance from the CAG without formally involving the latter as a party in the case.

The Court’s primary concerns revolve around the ethics and legality of awarding government contracts to individuals closely related to the State’s Executive Head. If this practice is found permissible, the Court intends to explore the norms and regulations that should govern such contract awards.

During the proceedings, the Court received mixed responses. Senior Advocates Rajiv Dutta and Vikas Singh, representing the present Chief Minister, argued that the questions raised by the Bench were hypothetical.

Nevertheless, the Court remained firm in its decision to seek the CAG’s perspective on these critical matters. The case has been scheduled for further deliberation on November 21, 2023.

Moreover, the Court was made aware of concerns regarding the safety of individuals associated with the case, as threats were reportedly made. Justice Bose assured all parties that the Court would diligently review the sealed cover report submitted and take appropriate actions.

Case, title: “Voluntary Arunachal Sena v State of Arunachal Pradesh,”

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