SHRIKANT PRASAD vs GOVT. OF NCT OF DELHI AND ORS.

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* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(C) 6521/2024
SHRIKANT PRASAD ….. Petitioner
Through: Petitioner in person (through VC)
versus
GOVT. OF NCT OF DELHI AND ORS. ….. Respondent
Through: Mr. Chetan Sharma, ASG with Mr. Mr. Anurag Ahluwalia, Mr. Amit Gupta, Mr. Vinay Yadav, Mr. Saurabh Tripathi, Mr. Abhay Singh and Mr. Vikramaditya Singh and Mr. Shivam Sachdeva, Advocates for UOI Mr. Abhijit Shankar, Law Officer, Tihar Jail (through VC) Mr. Santosh Kumar Tripathi, Standing Counsel, Civil, GNCTD with Mr. Tushar Sannu, Mr. Mohit Bhardwaj, Mr. Sahaj Karan Singh, Mr. Pradyumn Rao and Mr. Rishabh Srivastava, Advocates Mr. Rishikesh Kumar ASC, GNCTD Ms. Sheenu Priya Mr. Atik Gill Mr. Sudhir Kumar Shukla, Advocates
% Date of Decision: 08th May, 2024.
CORAM: HON’BLE THE ACTING CHIEF JUSTICE HON’BLE MS. JUSTICE MANMEET PRITAM SINGH ARORA
W.P.(C) 6521/2024 Page 1 of 3

JUDGMENT

MANMOHAN, ACJ: (ORAL)
1.
Present public interest petition has been filed seeking issuance of directions to Respondent no.1 (GNCTD) to provide arrangements for efficient governance of Delhi by allowing the Chief Minister to interact with the Delhi Assembly and Cabinet Ministers via video conferencing subject to any conditions that may be imposed. The Petitioner further seeks issuance of directions to Respondent No. 4 (Union of India through Secretary, Ministry of Information Technology and Broadcasting) to restrain the media channels from creating undue pressure and airing sensational headlines relating to the resignation of the current Chief Minister and imposing President rule in Delhi. The Petitioner also prays for directions to restrain Respondent no.3 (President of BJP, Delhi) from organizing any protest or making statements before the public relating to removal of the Chief Minister.

2.
The Petitioner, who appears in person, states that neither the Constitution of India nor any law prohibits any Minister including Chief Minister from governing the State from prison complex by remaining in judicial custody. He states that the Chief Minister of Delhi has governed the city of Delhi very well in the last seven (7) years.

3.
He further states that Respondent No.3 is putting tremendous pressure on the Chief Minister by holding mass level protests and creating law and order situation with mala-fide political intent.

4.
Learned Additional Solicitor General (ASG) states that the present writ petition is misconceived in fact and law. He further states that the

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Petitioner, who is a permanent resident of Jharkhand, has filed the present writ petition for oblique purpose.
5.
Since, the Chief Minister of Delhi, has already filed a petition in the Supreme Court challenging his arrest by the Enforcement Directorate (ED) and the Supreme Court in the said proceeding is considering the issue of interim relief, this Court is of the view that no orders for allowing the Chief Minister to interact with the Ministers and/or MLAs via video conferencing in public interest petition is called for.

6.
This Court is also of the view that it can neither impose censorship by directing media channels not to air their views nor proclaim emergency or martial law by preventing the political rivals of the Chief Minister from organizing any rally or protest or making any statement calling for his resignation.

7.
Accordingly, the present writ petition is dismissed with costs of Rupees one lakh (Rs.1,00,000/-) to be deposited with AIIMS Poor Fund Account No. 10874588424 with SBI, Ansari Nagar, New Delhi (IFSC Code: SBIN0001536) within a period of two weeks. The copy of the receipt evidencing the deposit will be filed with the Registry within one week thereafter.

ACTING CHIEF JUSTICE
MANMEET PRITAM SINGH ARORA, J

MAY 8, 2024/msh
W.P.(C) 6521/2024 Page 3 of 3