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Supreme Court seeks response from CAG on whether relatives of State Executive Head can be awarded govt contracts

The Supreme Court has sought response from the Comptroller and Auditor General of India on whether very close relatives to the Executive Head of the State could be awarded Government contracts and if yes, then what would be the norms for awarding contract to such persons.

The Bench of Justice Aniruddha Bose and Justice Bela M. Trivedi deliberated on the issue while hearing a Special Leave Petition (SLP) filed by NGO Voluntary Arunachal Sena, alleging that the state of Arunachal Pradesh had awarded government contracts without floating any tenders in 2010.

In its previous hearing, the Apex Court had expressed its intention to seek assistance from the CAG in the matter without impleading the national agency as a party in the case.

The petitioner had moved the Apex Court against the Gauhati High Court verdict of 2007, which dismissed its plea. Former Chief Minister Dorjee Khandu, who ruled during 2007-2011, is a respondent in the petition in personal capacity. The NGO had also added incumbent Chief Minister Pema Khandu (son of Dorjee Khandu) as an additional respondent in his personal capacity.

Advocate Prashant Bhushan appeared for the petitioner, while Additional Solicitor General (ASG) Nataraj appeared for CAG. Pema Khandu was represented by Senior Advocates Rajiv Dutta and Vikas Singh.

They submitted that the questions asked by the Apex Court were hypothetical in nature. However, the Bench directed the CAG to submit its views on the matter and listed the case for further hearing on November 21.

Earlier during a proceeding, the Arunachal Pradesh Chief Minister had filed a report in a sealed cover before the Apex Court. Bhushan had raised concerns about threats faced by individuals associated with the case.

The Bench assured the parties that the Apex Court was aware of these issues and that they would thoroughly review the report submitted to them.

(Case title: Voluntary Arunachal Sena vs State of Arunachal Pradesh)

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