Delhi HC seeks Centre's reply on plea against Shunglu panel report

New Delhi: The Delhi High Court today sought response of the Centre on a plea by UK-based satellite service provider SIS Live for setting aside of the Shunglu committee report on the 2010 Commonwealth Games (CWG) to the extent it adversely affects the company.SIS Live, which provided broadcast services to Prasar Bharati for CWG 2010, contended before Justice Manmohan that adverse comments have been recorded against it by the V K Shunglu High Level Committee and the findings have affected its reputation.The company has said that the adverse findings were recorded without giving it a hearing and the report of the panel is being used by other authorities, like CBI and Income Tax department, to pass orders against it. Justice Manmohan issued notice to Cabinet Secretariat, the committee, ministries of Home Affairs, Finance, Youth Affairs and Sports, Delhi government and Prasar Bharati and sought their responses by August 12, the next date of hearing. The court also told the goverment to use the findings in the panel's report for itself, saying it cannot be binding on SIS as it was not heard by the panel.The Shunglu committee was set up after CWG 2010 to probe allegations of corruption charges in the conduct of the games. SIS has claimed that the findings recorded against it by the panel “adversely affects its rights, reputation and commercial interest”.It has sought that the Centre and other authorities be restrained from using or acting upon, in any manner, the report of the panel in any proceedings against the company. Advocate Ravjyot Singh, appearing for the Centre, said that the panel was not required to call SIS for a hearing and it did not ask the other authorities to rely upon the report in their proceedings against the company. SIS has alleged in its petition that CBI lodged an FIR against it on March 3, 2011 based on the findings recorded in the panel's report.It has also contended that even the Income Tax department relied upon the report while assessing its taxable income. SIS also said that Prasar Bharati withheld dues payable to the company for services rendered by relying on the panel's report.The single judge bench had asked the Delhi government to conduct a fresh draw of lots among similarly placed kids who had secured 70 points on the basis of neighbourhood criteria.The present dispute started after the Lt Governor had on February 27 issued an order abolishing 5 points, out of 100, being awarded to inter-state transfer cases.Maximum 70 points are being awarded to kids who live within eight kilometres of a school.The LG's order further said, “If a school has conducted draw of lots for those applicants securing 70 points, that draw shall remain valid for the selected/confirmed candidates only.“Fresh draw of lots shall be held for remaining applicants having 70 points, including wait-listed applicants and those applicants who were earlier securing 75 points because of ‘inter-state transfer case' category,” the LG said.The single judge found fault with the order and said, “However, this court is of the view that all equals have to be treated alike and all children who have secured equal points should participate in a single draw of lots.”The single judge had directed that candidates having equal marks be considered equally by conducting a fresh draw of lots, wherever necessary.An appeal was filed by guardians of 14 kids alleging they were already declared selected for nursery admission after the draw of lots and will have to undergo the same process again in pursuance of the single judge bench order on the issue. It had sought setting aside of the order.The plea said the single judge had “grossly erred” in passing the order “completely ignoring that a large number of draws have already been held and wards of people like the present appellants have been selected for admission.”It also said the fact that any interim order, at this stage, would cause inconvenience and mental agony to the parents of successful kids was “overlooked”.