Priya Gour
Published on: August 29, 2022 at 21:05 IST
The Delhi High Court Bench of Justice Yashwant Varma issued a notice, seeking the Centre’s responses while hearing a plea. The plea challenged the requirement of the Centre’s permission in form of political clearances by state government ministers for their foreign visits.
The bench has directed for a response in this regard by the Delhi Lieutenant Governor, Union of India through the Cabinet Secretary, Ministry of External Affairs, Ministry of Home Affairs, and Ministry of Finance.
About the Case: Shri Kailash Gahlot vs. Lieutenant Governor, NCT of Delhi & Ors.
The plea was filed by Delhi Transport Minister Kailash Gahlot. It was after the refusal of clearance by LG’s for Delhi Chief Minister Arvind Kejriwal’s Singapore visit to attend the World Cities Summit. He could not attend the event as he failed to get a clearance for the visit from Delhi Lieutenant Governor, VK Saxena.
The Singapore Summit was organised to discuss the emerging challenges of climate change in public health and urban design.
“It was an opportunity for the national capital to showcase the leaps it had made in urban planning and development in a manner that is sustainable and conducive to high quality of life standards,” the plea said.
Attending would have been significant for Delhi’s interests, but the permit was denied on the grounds that the Delhi government did not have exclusive jurisdiction over urban governance in Delhi.
The plea urged the Court for “broader guidelines” for permissions required by elected constitutional functionaries for their visits abroad.
The political clearances from the Ministry of External Affairs for personal foreign visits of state ministers is in violation of right to privacy and the dignity of the constitutional office. Also, the advice of LG against the proposed Singapore visit was beyond the jurisdiction of the office.
Such delays amount to arbitrary use of powers.
“The petitioner, who holds the portfolio of transport in the council of ministers had also requested clearance to visit London on the invitation of ‘ Transport for London’ but there was not even a response from the concerned authorities in the Central Government.”
Therefore, a period of eight weeks has been given to the respondents to file a counter affidavit. And the matter has been listed for further hearing on 23rd January, 2023.
