HC Questions Demand For Public Disclosure of CAG Reports Ahead Of Delhi Elections

January 25, 2025

The Delhi High Court on Friday deliberated on a petition seeking the public release of 14 Comptroller and Auditor General

The Delhi High Court on Friday deliberated on a petition seeking the public release of 14 Comptroller and Auditor General (CAG) reports on Delhi’s administration, raising significant constitutional concerns regarding the petitioner’s legal standing.

A bench led by Chief Justice DK Upadhyaya highlighted the constitutional provision under Article 151, which mandates that CAG reports must first be presented to the legislative assembly before being publicly disclosed. The court emphasized that while the public’s right to information is paramount, it cannot supersede this constitutional requirement.

Reaffirming this stance, the bench noted that releasing such reports ahead of their formal presentation would constitute a breach of Article 151.
Senior Advocate Geeta Luthra, representing the petitioner, argued that voters in Delhi have a right to know the contents of the reports before the February 5 elections. She invoked the Right to Information Act and Article 19 of the Constitution to support her claim.

The petitioner’s counsel also sought time to review a prior ruling relevant to the issue, prompting the court to schedule the next hearing for February 3.

The petition, filed by retired civil servant Brij Mohan, urged the Central Government, the Lieutenant Governor, and the CAG to make the reports accessible on official platforms. It claimed that withholding the reports infringes on voters’ constitutional rights and hampers their ability to make informed decisions before the elections.

 

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