NEW DELHI: The Delhi HC on Monday held that a promise, assurance, or representation made by a CM Rekha Gupta during a press conference cannot be treated as an enforceable commitment binding on the government.
A Bench of Justices C Hari Shankar and Om Prakash Shukla set aside a single-judge order that had directed the Delhi government, then led by the AAP, to take steps to frame a policy for implementing such an assurance.
“No mandamus could be issued to enforce the statement made by the then CM in a press conference,” the Bench said. It added that such statements may be made on the spur of the moment and that the court cannot assess their financial and logistical implications.
“This would not, however, inhibit the State government from taking a policy decision regarding the assurance given by the former CM, regarding the State paying the rent of migrants, should it so deem appropriate,” the Bench observed.
The court was hearing petitions linked to a press conference addressed by former CM Arvind Kejriwal on March 29, 2020, during the COVID-19 lockdown. In that briefing, he had urged landlords to defer rent collection from poor tenants and reportedly assured that the government would pay rent on behalf of those unable to do so.
Petitioners, including daily wage labourers, approached the court seeking enforcement of this assurance, claiming they were unable to pay rent following the economic slowdown triggered by the pandemic. Rejecting the plea, the Bench said, “The prayer in the writ petition for a direction to the State to implement the assurance contained in the press conference dated March 29, 2020, is misconceived and is accordingly rejected.”
The court also noted that it was unaware of the financial, logistical, and other implications of enforcing such a decision. However, the Bench clarified that a 2020 order of the District Disaster Management Authority had restrained landlords from evicting or recovering rent from migrant tenants during the lockdown period.
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