The Delhi High Court on Monday signaled its intention to potentially halt the Comptroller and Auditor General’s (CAG) audit of Ajmer Sharif Dargah’s accounts. During the proceedings, Justice Sachin Datta raised concerns after learning from the dargah’s counsel that the terms of the audit had not yet been communicated to them.
The issue came to light when the dargah’s counsel informed the court that despite the formation of a three-member audit panel by the CAG, the dargah had not been formally notified about the audit’s terms. “The petitioner came to know through various media sources that a ‘three-member audit committee’ was formed to carry out the audit after the writ petition was listed and heard by this court,” stated the dargah’s counsel.
Justice Datta, addressing the CAG’s counsel, sought clarity on whether the audit had commenced, as the dargah had not even been served with the audit order. “Your counter says that the audit has not yet begun. Should I record that? You take instructions. I am inclined to stay the audit. You better clarify your stand and take instructions on what you are doing,” remarked Justice Datta.
The court highlighted the importance of procedural fairness, noting that the dargah had a right to representation which was compromised due to the lack of formal communication regarding the audit terms. “He has a right to representation, but that occasion has not arisen because you have not served the terms of the audit… You better hold your hands,” Justice Datta added.
The plea, filed by Anjuman Moinia Fakhria Chishtiya Khuddam Khwaja Sahib Syedzadgan Dargah Sharif, Ajmer, also cited an “unlawful search or visit” by CAG officials at its office without prior notice, which they argued was contrary to the provisions of the DPC Act and Societies Registration Act.
