Nine advisors to the Aam Aadmi Party (AAP) government in Delhi have been removed following a recommendation by the Ministry of Home Affairs (MHA) reported CNN-News18.
According to an order issued by General Administration Department of the Delhi government, the MHA had written in its letter that these posts on which the appointees are officiating are not in the list of posts approved for the ministers and the chief minister.
“No prior approval of the central government has been taken for creation of said posts on which these persons have been appointed on a co-terminus basis,” the order stated.
Among the nine advisors whose appointment has been cancelled are Amardeep Tiwari (media advisor to law minister), Arunodya Prakash (media advisor to deputy chief minister), Raghav Chadha (advisor to finance minister), Atishi Marlena (media advisor to deputy chief minister).
Meanwhile, AAP has alleged that the Bharatiya Janata Party (BJP) government at the Centre is looking out for ways to attack its people. The party also accused Delhi’s lieutenant governor of political vengeance.
Earlier this year, the Election Commission had recommended the disqualification of 20 AAP MLAs on 19 January for holding office of profit. Even then, AAP has alleged conspiracy against its ministers.
However, the Delhi High Court had on 23 March set aside the disqualification of 20 AAP MLAs. It also transferred the matter to the Election Commission allowing the AAP MLAs a chance to present their side through an oral hearing, media reports said.
During the arguments, the MLAs had told the high court that the Election Commission’s order disqualifying them for allegedly holding office-of-profit was passed in “complete violation of natural justice” as they were not given an opportunity to explain their stand before the poll panel.
Senior Aam Aadmi Party (AAP) leader Ashish Khetan, on Wednesday, tendered his resignation from the post of vice-chairman of the AAP government’s advisory body, the Dialogue and Development Commission of Delhi, saying that he wanted to practise law with sources indicating that another senior party hand, Atishi Marlena, may succeed him.
The likely appointment of Ms. Marlena could take place after her removal as adviser to Deputy Chief Minister Manish Sisodia, following a direction of the Union Home Ministry, a day earlier. Sources claimed Mr. Khetan’s resignation had been accepted by the General Administration Department (GAD).
Arunoday Prakash and Amardeep Tiwari, the other advisers who were removed along with Ms. Marlena, could also be accommodated in government-associated bodies after the GAD of the Delhi government cancelled the appointment of 10 advisers to its Ministers, including of the two aiding Mr. Sisodia, on the directions of the Home Ministry.
Mr. Khetan, a journalist-turned-politician and a trusted aide of Chief Minister Arvind Kejriwal, was appointed the vice-chairman of the DDC, which was headed by Chief Minister Arvind Kejriwal, three years ago.
“I have resigned as VC, DDC, with effect from April 16. During the past three years I had a unique opportunity to shape public policy & bring about reform and change in governance. I am grateful to Arvind Kejriwal, the Hon’ble CM, for giving me this wonderful opportunity (sic),” Mr. Khetan wrote on Twitter.
“I am joining the legal profession and enrolling with the Bar at Delhi, which actually necessitated my resignation from the DDC. Bar Council Rules prohibit practicing advocates from any kind of private or government employment (sic),” he said in another tweet. Mr. Khetan said besides pursuing routine cases he would take up legal causes in the larger public interest.
CM to take final call
Meanwhile, Ms. Marlena’s name, according to party sources, was “the first choice for the post” being vacated by Mr. Khetan, even as a final call was expected to be taken by the Chief Minister “soon”.
In a detailed statement about the achievements of the DDC on Facebook, Mr. Khetan said in a span of three years, the commission had formulated over 75 major policy recommendations and a few key legislations.
“In every area of governance — be it water, sewerage, energy, health, education, transport or urban development — DDC has left its imprint. Besides, the policy related work, different departments consult with the commission and seek its advice on a range of administrative and governance issues…,” it stated.
It also stated that in the coming years, the main challenge before the commission was to keep guiding and advising the departments while ensuring that the departments spearhead the execution of policy recommendations made by the commission.
The general administrative department of the Government of the National Capital Territory of Delhi has cancelled the appointment of nine advisers to various ministers in the Aam Aadmi Party government on the premise that the creation of posts and their appointments to these posts was illegal.
And what was the illegality? That “no prior approval of the central government” was taken before appointing the nine advisers, a mandatory requirement, it seems, under an order issued by the union ministry of home affairs in 1997.
The decision certainly could have been avoided, especially since the matter is likely to be settled by the Supreme Court.
A final decision on who — the AAP government in Delhi or the BJP-led government at the Centre — is right may be settled once the Constitution bench of the Supreme Court delivers its judgment. The plea was filed by the Arvind Kejriwal-led AAP government, challenging the Delhi High Court judgment holding that the Lieutenant-Governor of Delhi was the administrative head and was not bound by the aid and advice of the council of ministers.
However, from a purely political point of view, the Centre’s “clarification” of 10 April, informing the L-G that the posts of advisers were not among the list of posts approved, will only strengthen the charge of bias often levelled at the Narendra Modi government by Kejriwal and AAP.
Many will wonder, rightly so, that if the Modi government feels so strongly about upholding the spirit of the Constitution and uses old office memoranda (OM) to settle scores with an opposition government, why doesn’t it use similar rules to pull up BJP-ruled state governments when they violate the provisions of the Constitution?
Why, some may wonder, does the Centre allow several important constitutional posts to remain vacant for a long time if it feels so strongly about upholding the spirit of the Constitution?
The growing feeling is that the L-G, appointed by the Centre, keeps behaving like the hand-maiden of the ruling party at the Centre, and helps the AAP play the martyr card, which works well with its core constituency.
It is true that under the Constitution, the “elected” government of the NCT of Delhi is not running the affairs of a full-fledged state. For all practical purposes, some of them listed in an earlier piece, Delhi is a Union Territory with an elected assembly. The Centre, especially the home ministry, needs to consider the possibility that the advisers appointed by the Kejriwal government maybe doing some good.
In the spirit of federalism, the home ministry could have asked the Delhi government to seek post-facto approval for the posts that were created. This would have shown the Centre has been cooperative, especially since post-facto approvals are almost routine rather than an exception in the Modi regime.
But now that the action has been taken, one can only hope that the Supreme Court will finally settle the contentious issue of what powers does a “duly-elected” government really enjoy, and what are some of the things that it can’t do.
Delhi Commission of Women chief Swati Maliwal should have, ideally, been sitting inside the AC cabin of her office in Delhi’s ITO. However, since April 13, Maliwal has been on an indefinite hunger strike demanding the death penalty for those convicted of raping minor girls. Her list of demands, sent to Prime Minister Narendra Modi in the form of a letter, includes concluding trails in rape cases and awarding of punishment within six months in the cases of adult rape survivors.
At Rajghat’s Samta Sthal, a small white tent has been set up under which Maliwal along with her volunteers is struggling to secure justice for the rape survivors. Another long tent accommodates supporters of the campaign, majorly women. Leaders from the Aam Aadmi Party, including Delhi Chief Minister Arvind Kejriwal, have already visited Maliwal extending their unconditional support to the DCW’s list of demands. In order to fasten up rape trial cases, the DCW is seeking an increase in the number of fast-track courts in Delhi.
Kejriwal, while sharing the stage with Maliwal, announced that if the Delhi High Court gave it a rough estimate of the expenditure required to set up these new courts — the Delhi government would fund the setting up of these courts.
It’s not only AAP leaders who are standing in solidarity with their former party member. Senior leaders from the Bharatiya Janata Party such as Shatrughan Sinha and Yashwant Sinha, too, shared the stage with Maliwal. Former Janata Dal-United Rajya Sabha MP Sharad Yadav met the 33-year-old on Wednesday.
Statyavarth Nehra, DCW official, told Newslaundry, “So far there has been no communication from the Central government’s side regarding our demands. Neither ma’am [Maliwal] has approached them since she began her indefinite hunger strike. Whatever is being said to the Central government is through the media and on social media platforms.” On Wednesday, Maliwal wrote letters to female parliamentarians seeking their support for her campaign. While this letter was being shared, reports of another minor girl’s rape in the national capital surfaced. According to reports, last Saturday, the family of a 12-year-old in west Delhi received a video over WhatsApp in which a neighbour could be seen allegedly raping the girl. The Delhi Police have arrested the accused.
Maliwal holds poor policing, triggered by a deficit of personnel, as one of the reasons why Delhi has become the ‘rape capital’. In her letter to Modi, she has alleged that there is a deficit of 66,000 police personnel and that police stations in Delhi are working on half their required strength. “Today, Delhi Police is able to discharge their duties only in terms of VIP protection. It has failed to serve the common citizen,” Maliwal wrote.
Six days into her indefinite hunger strike, Maliwal looks visibly frail. Addressing the media on Tuesday, she shared her reasons for this step. “For the past two and half years, I have seen the blood of small innocent girls,” she added, “I have stood witness to an 8-month-old baby being operated on for three hours [after being raped].”
Despite her deteriorating health condition, the DCW chief has refused to break her fast. According to her April 18 health report, she has lost five-kilogram weight.
Maliwal’s decision to sit on an indefinite hunger strike was triggered by the Kathua and Unnao rape cases. While in Kathua rape case, leaders from BJP’s J&K unit had supported those trying to defend the accused, in Unnao rape case, a BJP legislator Kuldeep Singh Sengar is the accused. On April 12, Maliwal wrote to Modi and a day after, she sat on the fast.
Before taking such a serious step, her team maintains that the DCW has carried out a sustained campaign. In November 2017, Maliwal was detained from outside of Union home minister Rajnath Singh’s house while protesting against the rape of toddler. The Delhi Police come under the Union home ministry. Maliwal has been seeking a team that would coordinate between the Lieutenant Governor’s office, Delhi Police, MHA, Delhi government and the DCW – while dealing with cases of sexual abuse.
In February, the 33-year-old chairperson started the Rape Roko campaign to demand the death penalty for those convicted of raping infants. This was followed by her Satyagraha where she and her team didn’t return to their homes for 30 days and worked around the clock. It included visiting public places such as bus depots, railway station and checking the state of women safety at night.
Maliwal was Kejriwal’s former advisor at the Public Cause Research Foundation. When AAP returned to power, she was appointed as the DCW chief in 2015; ever since the women’s body has got into an activist mode. In past two and half years, Maliwal has conducted rescue operations in GB road, raided illegal liquor vendors in Delhi and campaigned for women safety at night.
Controversies, however, hit Maliwal when former DCW chief Barkha Shukla Singh filed a complaint with the Anti-Corruption Branch alleging irregularities in appointments. Despite the hurdles, Maliwal’s tenure as DCW chief has witnessed some extensive work, including issuing notices to the Delhi Police in rape and molestation complaints to taking cognizance of crime against women even in the neighbouring states.
There are several questions pertaining to DCW’s demand for capital punishment which need to be answered by Maliwal and her team. According to 2017 Amnesty report, two-thirds of all the nations have done away with the death penalty. As per the Amnesty International, only 23 countries executed capital punishments in 2016. This brings us to an important question, can India bring such laws?
Maliwal’s pitch for the death penalty also seems to be stemming from the frustration of witnessing consecutive cases of crime against women and the police’s failure to curb such crimes. In an earlier comment, she had said that she wants the system to become swifter when dealing with rape cases. “I want swiftness in the system. I am demanding the death penalty because it will serve as a deterrent,” Maliwal had told Newslaundry.
Nehra, a DCW official and team member of Rape Roko, said, “If there are provisions of a death penalty for other offences, why not for rape? It is certainly a more heinous crime.”
Meanwhile, a larger question looms over Maliwal’s team — when will the Central government respond to DCW’s demands?
A day after the Delhi government cancelled the appointment of 10 advisers and consultants appointed by the Aam Aadmi Party (AAP) dispensation, uncertainty loomed over the fate of dozens of other co-terminus appointees on Wednesday.
The Shunglu Committee, which was formed to look into decisions of the AAP government on over 400 files, had found in its report in 2016 that a total of 42 co-terminus appointments had been made without the approval of the Lieutenant-Governor. Of these 42 appointments, some of which included multiple people, seven were made for the office of Leader of Opposition Vijender Gupta, while the remaining were for Chief Minister Arvind Kejriwal and his Cabinet.
On Tuesday, 10 of the co-terminus appointments made by the AAP government were cancelled by the General Administration Department and the Health Department acting on the advice from the Union Ministry of Home Affairs.
‘Wait and watch’
Several sources in the government told The Hindu that the remaining appointments mentioned in the Shunglu Committee report would be looked into, though there was no immediate plan to cancel appointments or initiate recovery of salaries. On the other hand, sources in the AAP dispensation said they would wait and watch, not commenting on whether the fired advisers would move court.
Among those whose appointments were cancelled and were mentioned in the Shunglu Committee report was Atishi Marlena. Ms. Marlena, who was an adviser to Education Minister Manish Sisodia, had been taking a ₹1 per month salary, but the Shunglu Committee said it did not mean there was “nil implication to the exchequer” as there would be expenses on vehicle, office space and staff.
Meanwhile, government sources said that of the 81 co-terminus posts, anywhere between 50 to 70 had been filled.
Though the government is allowed 81 posts, individual posts are combined in order to have one adviser or staff who would be given a higher salary. Government sources privy to the matter said a former aide close to the Chief Minister was behind using the “matching saving” concept, which was mentioned in the Shunglu Committee report.
“The GAD had to work very hard to keep a record of the number of appointments being made by Ministers of various Departments. Some of the appointees were drawing salaries beginning from ₹1 going, in some cases, up to over ₹1 lakh, for a month before they simply stopped coming to work and were replaced by others,” said a government source.
The idea, according to the government source, was to ensure that the burden on the State exchequer did not go beyond the pre-determined corpus for the purpose.
For instance, the Shunglu Committee report said that adviser to the Chief Minister, Gopal Mohan, was appointed as in-charge of the anti-corruption helpline at a salary of ₹1.
But, then he was shifted to the post of adviser (public grievances) as the post had been vacated by someone else. His salary was then hiked to ₹1,15,881 per month.
New Delhi: Delhi Chief Minister Arvind Kejriwal on Monday approved a policy proposal asking Discoms to pay a compensation rate of Rs 50 per hour of power cut to users plagued by severe outages in the Capital. The move, a Delhi Government statement said, has been put in place to ensure Discoms become more accountable.
The compensation amount will be credited to the consumer automatically by the concerned distribution company and be adjusted in the electricity bill. However, the move is not out of the woods yet, as it has been sent to the Lieutenant Governor for his assent.
The National Capital became the first in India to draw up a ‘Power Consumer Compensation Policy’.
In the first of its kind pro-power consumer policy in the country, Kejriwal on Tuesday approved the power department’s policy for compensating consumers for unscheduled power cuts by the private power distribution companies in Delhi.
The Delhi government has sent this major policy proposal for final approval to LG Anil Baijal, which is set to make the Discoms accountable to the consumers.
According to this new policy, in the case of an unscheduled power cut, the power companies will have to restore the electricity within an hour and failure to do so shall invite a penalty of Rs 50 per hour per consumer for the first two hours of power cut followed by Rs 100 per hour per consumer after two hours.
The exemption of an initial one hour from the penalty will be granted to the Discoms only once in a day and in case of recurrence of failure of supply for the same consumer on same day, the penalty shall accrue right from the beginning of the duration of the unscheduled power cut.
If an individual customer, instead of an entire cluster, is affected then he or she can file a “No Current” complaint through SMS, email, phone or online. The Discom will then attend to the complaint and will send a confirmation message to the consumer with restoration date and time.
There are three private power discoms including the BSES companies BYPL and BRPL, and the Tata Power Delhi Distribution Limited (TPDDL) that supply power to the city, barring areas under the New Delhi Municipal Council and the Delhi Cantonment.
“The government is of the clear view that power distribution privatisation in Delhi, which was done around 15 years back, should benefit the consumers and uninterrupted power supply for which they pay, is their right. The Delhi government is confident that the honourable LG will concur with the policy and will endorse this pro-consumer step, which will become a model for other governments across the country to follow,” a Delhi government spokesperson said.
If the compensation is not credited automatically by the concerned Discom, the consumer can approach Delhi Electricity Regulatory Commission (DERC) or Consumer Grievance Redressal Forum (CGRF) for its resolution and the amount of compensation in such cases shall be Rs 5,000.
If a group of consumers is affected by an unscheduled power cut, the Discoms shall identify all such affected consumers from their own records and compensation shall be credited to each consumer’s Consumer Account (CA) number.
AAP leader and Vice Chairman of the Delhi Dialogue Commission (DDC) Ashish Khetan has resigned from the post, saying he now wanted to practise law. Khetan, a journalist-turned-politician and a trusted aide of Chief Minister Arvind Kejriwal, was appointed the vice-chairman of the DDC, an advisory body of the AAP government, three years ago. The DDC is headed by Kejriwal. “I have resigned as VC, DDC, with effect from April 16. During the past three years I had a unique opportunity to shape public policy & bring about reform and change in governance. I am grateful to Arvind Kejriwal, the Hon’ble CM, for giving me this wonderful opportunity,” Khetan wrote on Twitter.
“I am joining the legal profession and enrolling with the Bar at Delhi, which actually necessitated my resignation from the DDC. Bar Council Rules prohibit practicing advocates from any kind of private or government employment,” he said in another tweet. Khetan said that besides pursuing routine cases, he would take up legal causes in the larger public interest.
NEW DELHI: Setting up a fresh round of confrontation with the Aam Aadmi Party (AAP) government in Delhi, the central government has cancelled the appointments of nine advisers and consultants, saying the posts did not have the approval of the centre.
The list includes the names of AAP spokespersons Raghav Chadha and Atishi Marlena whose appointments were made for a token monthly salary of Re 1.
An order issued by the union home ministry today said the appointments by the Delhi Cabinet, which created the posts of consultants and advisers in 2015, had been done “by an agency not competent under the law to do so”.
The order, cleared by Delhi Lieutenant Governor Anil Baijal, comes days after the home ministry said that these posts hadn’t been approved by the central government as required under a 1997 circular, and reiterated in 2015.
“Since creation of these posts and subsequent appointments on these posts are not valid, all previous orders regarding creation of these posts and appointments made against them are hereby cancelled,” the order said.
While Mr Chadha was made adviser to Delhi finance minister Manish Sisodia, Ms Marlena functioned as the adviser to Deputy Chief Minister, a post also held by Mr Sisodia.
“Modi Govt’s order to remove Delhi govt advisors is a conspiracy to derail education revolution in Delhi. Real intention of the order is to paralyse our govt work, since no BJP govt has been able to deliver anything on education & health,” tweeted Mr Sisodia.
Mr Chadha took to Twitter, saying that his appointment was for a period two months and a half in 2016 to help prepare the Annual Budget, at a token salary of Re 1 a month.
He also questioned the home ministry’s order, calling it a “diversionary” tactic.
Ms Marlena was appointed to help the Delhi government with improving the educational standard at schools.
The latest flashpoint between the centre and the Arvind Kejriwal government comes at a time the row over the disqualification of 20 AAP lawmakers for holding offices of profit as parliamentary secretaries is yet to be settled.
Arvind Kejriwal’s troubles see no end. A month after the Delhi High Court reinstated 20 AAP MLAs, who had been dismissed by the Election Commission, the Delhi government on Tuesday cancelled the appointment of nine advisors, including the one to Deputy Chief Minister Manish Sisodia, after the Union Home Ministry said that these posts were “not sanctioned”. According to an order issued by General Administration Department of the Delhi government, the MHA had written in its letter that these posts on which the appointees are officiating are not in the list of posts approved for the ministers and the chief minister.
“No prior approval of the central government has been taken for creation of said posts on which these persons have been appointed on the co-terminus basis,” the order stated.
Dubbing Centre’s move a conspiracy against AAP, Deputy chief minister Manish Sisodia said, “In their hurry to sack our advisors, Modi government did not even check their facts. Four of the nine have already left long time back. One of them – Raghav Chadha worked with me in 2016 for two and half months only at Re 1/pm salary (i.e. total Re 2.5/-).
Among the nine advisors whose appointment has been cancelled are Amardeep Tiwari (media advisor to law minister), Arunodya Prakash (media advisor to deputy chief minister), Raghav Chadha (advisor to finance minister), Atishi Marlena (media advisor to deputy chief minister).
Top 10 developments on the sacking of AAP advisors, and reactions that follow
1. The nine include Atishi Marlena, the adviser to Deputy Chief Minister Manish Sisodia, who AAP says, was appointed on a token monthly salary of just Re 1 to help the government improve education standards at schools.
ALSO READ: Delhi govt cancels appointment of nine advisors
2. “No prior approval of the Central Government has been taken for creation of said posts on which these persons have been appointed on co-terminus basis, which is a requirement as per Home Ministry’s PM dated 3.9.1997,” the Home Ministry said in an order.
3. Raghav Chadha tweeted terms of his appointment: “Where exactly is the MHA sacking me from? Here are the terms of appointment for those who wish to see,” he tweeted. Raghav Chadha took Re 1 per month as salary from the Delhi government.
4. Modi government sacked AAP aides to divert attention: AAP spokesperson Raghav Chadha said, “Impressive diversionary tactics by the MHA, at the behest of BJP. To divert attention from spate of rapes, cash crunch etc, an opportune time to rake up non issues with AAP like retrospective sacking for a post I held for 45 days in 2016 for a paltry sum of Rs.2.50/.”
AAP leader and poet Kumar Vishwas, who has been a thorn in the party shoe on a few occasion, was removed as the organisation’s Rajasthan-in-charge on Wednesday. As per reports, he has been replaced with AAP’s national treasurer Deepak Bajpai.
As per AAP leader and journalist Ashutosh, Bajpai would be based out of Rajasthan to strengthen the party’s organisation and structure with regards to the upcoming assembly elections in the state. This development comes in light of AAP announcing its decision to contest the Rajasthan polls “with full strength”.
AAP leader Ashutosh claimed that the party’s political affairs committee (PAC) had congregated two days ago to discuss the issue of Rajasthan polls. Coming to the removal of Kumar Vishwas, Ashutosh claimed that owing to “some realities” Vishwas couldn’t devote much time to the party’s operations in the state.
Incidentally Vishwas was absent from the PAC meeting where the decision to remove him was taken.
As per AAP’s Rajasthan coordinator Devender Shastri, Vishwas was inactive in the state and was neither visiting or talking about it. In contrast Bajpai supposedly moved to Jaipur about one and a half months back and had visited all the Lok Sabha and Assembly constituencies. The party claims to have already selected some potential candidates for the polls.
Even though the AAP claims that Vishwas’ dismissal was a result of lack of interest, some may point out his recent frosty relationship with AAP’s top brass. In January Vishwas had openly criticised Kejriwal by claiming that it was “difficult to survive in the party if one disagreed with the AAP supremo”. This salvo was fired by Vishwas after supposedly being miffed over being overlooked as a Rajya Sabha candidate by the party.