Standing counsel appointments row: L-G Jung to take call on Delhi govt's legal eagles

A complaint filed in the office of Lieutenant Governor Najeeb Jung has challenged the validity of 22 standing counsels appointed by the Aam Adami Party government without the L-G approval.

The list of the appointees includes offspring of two sitting judges in higher judiciary.

This development may add yet another chapter to the acrimonious battle between the Arvind Kejriwal government and the L-G office if the latter nullifies the appointments on the basis of the complaint.

Under the Delhi High Court order on August 4, it is mandatory for the city government to secure L-G sanction for an appointment of this nature.

"This is a frivolous, politically motivated complaint," Rahul Mehra, senior standing counsel for the Delhi government, told Mail Today. "It is for the honourable L-G to look into it and take a call. My office is here to bestow its duty and serve the people of the city." Mehra said the subject of litigation comes under the mandate of the Delhi government.

Incidentally, the complaint, filed by advocate Vibhor Anand, questioned Mehra's appointment itself, pointing out that "There is not post by the name of senior standing counsel (civil) under any law and no such post can be created without the approval of the Lt Governor". Mail Today has a copy of the complaint.

The complaint stated that the 22 standing counsels were appointed under various categories by five notifications issued by Delhi government. It sought immediate quashing of the notifications.

After the August 4 decision of the Delhi High Court in which it held that Delhi continued to be a Union Territory under the authority of the Lt-Governor, a three-member committee was appointed by Lt-Governor Najeeb Jung to examine over 400 files on decisions taken by the government since February 2015, in which the Lt-Governor's approval was not taken.

NECESSARY TO SEEK L-G'S APPROVAL

Sources in the Lt-Governor's office admitted receiving the complaint and said that it has been handed over to the committee examining Delhi government orders.

"Under the procedure, the approval of the Lt-Governor has to be sought while engaging counsels out of the government panel," the sources said. "Since the government had not done this before August 4, these files are now placed before the independent threemember committee.

The concerned secretaries have themselves submitted these files to the committee and the committee is examining them," the sources said.

The Delhi government has challenged the high court order on seeking the L-G's permission in the Supreme Court which has scheduled a hearing in the case on November 15. The apex court did not grant any stay on the high court order.

The files under scrutiny also pertain to the appointments of senior counsels to represent the government in various matters. The AAP government claims it cannot pay the fees of the counsels appointed earlier.

The AAP government earlier accused the L-G office of impeding its efforts to fight him in a court of law by stalling payments of senior lawyers like Chandra Uday Singh, Sudhir Nandrajog, Guru Krishan Kumar and Raju Ramachandran. The claim was denied by the LG's office.

According to sources, department secretaries have forwarded such files to the committee where the L-G's permission was mandatory but was not sought, which includes cases of lawyers who were appointed without the L-G approval.

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