NEW DELHI: In a ruling that could have future implications, the Delhi High Court on Thursday said a promise or assurance made to citizens by a chief minister on a public platform is ‘enforceable’ and has to be implemented by the government.
Referring to Delhi CM Arvind Kejriwal’s announcement on March 29 last year in the wake of the Covid-19 outbreak that his government would pay the rent of poor tenants unable to pay, Justice Prathiba M Singh directed the AAP government to take a decision on implementing this in six weeks.
“A statement given in a consciously held press conference in the background of the lockdown, announced due to the pandemic and the mass exodus of migrant labourers, cannot be simply overlooked,” the court said, adding it was not clear why the AAP government chose to completely disregard the promise made by its CM.
The judgment came on a bunch of petitions filed by daily wagers and workers claiming to be tenants and a landlord who had not received the rent.
Seeking payment of rent, as promised by Kejriwal, they annexed a transcript of press conference in which the CM had requested landlords to postpone collection of rent from poverty-stricken tenants. He had also said if any tenant was unable to pay, the government would pay the rent on his behalf.
The Delhi government counsel submitted that unless and until there is a government policy or notification, a mere promise or political statement cannot be the basis of a claim based on the doctrine of legitimate expectation.
The judge, however, disagreed and said, “In a democratic setup, persons who hold an elected office and especially heads of government, heads of State and those holding responsible positions, are expected to make responsible assurances to their citizens, especially in times of crisis and distress.”