Delhi High Court dismisses (with cost) Congress MPs’ plea challenging eviction

The Delhi High has dismissed a petition filed by Congress MPs’ Ambika Soni & Kumari Selja against the government’s decision to evict them from their bungalows in Lutyens’ Delhi..A Single Bench of Justice RS Endlaw also imposed costs of Rs. 25,000 on the Petitioners while dismissing the petition..The plea filed by both politicians had stated that senior parliamentarians who had earlier held office as a Union Cabinet Minister, Chief Minister of a State or a Governor or Speaker of the Lok Sabha were eligible according to the policy published on the website of the Rajya Sabha..Returning a finding on this, Justice Endlaw noted in his judgment,.“The contention of the petitioners that they are entitled to Type-VIII accommodation under the Handbook for Members of Rajya Sabha, is misconceived. As per these guidelines only Former Union Cabinet Minister and Former Speaker of Lok Sabha / Former Governor of a State / Former Chief Minister of a State are entitled to a Type-VIII accommodation….…though the petitioners claim to be Former Union Cabinet Ministers but they were admittedly at no time occupying the office, either of a Speaker of Lok Sabha or of a Governor of a State or of Chief Minister of a State.”.Senior Advocate KTS Tulsi who appeared for the politicos, had argued before the Bench that the said case of eviction was a clear case of ‘stifling the Opposition’ and denying them a ‘significant privilege’ by the present government. Justice Endlaw was not convinced with this line of argument even during the hearing and the same thought reflected in the judgment today when he noted,.“I am also sad to note that the petitioners, merely for the sake of retaining a house to which they are not entitled, have attempted to give political overtones to the matter and have insisted on the said argument….….no action of the Government which has its foundation in law, can be said to be vindictive. Even though the petitioners have made only vague allegations and have failed to give particulars of any other person in unauthorized occupation against whom no action has been taken but I may add that it has been repeatedly held that Article 14 of the Constitution does not permit negative equality.”.You can read the judgment here