Court can't pass order to enforce CM's press conference promises: Delhi High Court overturns verdict on Arvind Kejriwal

The Delhi High Court on Monday overturned a single-judge ruled which had held that a promise, assurance or representation given by the Chief Minister (CM) of a State in a press conference amounts to an enforceable promise that has to be implemented by the government [Govt of NCT of Delhi v. Najma].

A single-judge Bench had earlier ordered the Delhi government, then led by the Aam Aadmi Party's Arvind Kejriwal to take steps to frame a policy to carry out an assurance given by the CM.

This ruling has been modified today by a Division Bench of the High Court comprising Justices C Hari Shankar and Om Prakash Shukla.

"No mandamus could be issued to enforce the statement made by the then Chief Minister in the press conference," the Court held.

The matter was tied to a press conference held by former Chief Minister of Delhi and AAP leader Arvind Kejriwal on March 29, 2020. In the press conference, he requested all landlords to postpone the demand/collection of rent from those tenants who are poor and poverty-stricken.

Crucially, the then-CM was also alleged to have made a clear promise that if any tenant is unable to pay the rent due to poverty, the government would pay his/her rent on their behalf.

A group of petitioners, including daily wage labourers who claimed to be tenants unable to pay their rents after the COVID-19 economic slowdown, moved the Court to enforce this promise.

In July 2021, Justice Prathibha M Singh ruled that the assurance or promise given by the Chief Minister in a press conference is enforceable. The single-judge, therefore, ordered the Delhi government to take steps to frame a policy to carry out the assurance given by the CM and to give reasons if they decide not to implement the CM's proposal.

The Delhi government filed an appeal against this judgment. A Division Bench has now ruled that such press conference promises are not enforceable through court directions. The Division Bench ruled that making a prayer for the enforcement of such promises are misconceived.

"The prayer and the writ petition for a direction to the state to implement the assurance contained in the press conference dated 29th, March 2020 of the chief minister is misconceived, and this accordingly rejected," it said today.

The Division Bench added that such promises appear to have been made in the spur of the moment and that the Court is unaware of the financial and other implications of such a move.

"We are unaware of the financial, logistical, and other implications of enforcement of the decision that the State would wear the rank of the migrants, which, prima facie, appears to have been taken on the spur of the moment, as it does not even find reflection in the DDMA order 1228. We, therefore, are not expressing any view one way or the other, thereon," it said.

However, the Court noted that in view of a District Disaster Management Authority (DDMA) order issued in 2020, landlords are not allowed to recover rent from migrant tenants who were unable to move out rented locations during the COVID 19 lockdown.

However, this amnesty would apply only for the period of the lockdown.

"This would not, however, inhibit the State government from taking a policy decision regarding the assurance given by the former chief minister, regarding the State paying the rent of the migrants, should it so deem appropriate," the Court added before closing the State's appeal.