New Delhi

The Delhi High Court on Monday said it was inclined to stay the Comptroller and Auditor General's (CAG) process of auditing the accounts Ajmer Sharif Dargah.

Justice Sachin Datta, who was informed by the dargah's counsel that they have not been served with the terms of the audit, asked the CAG's counsel to take instructions on the issue and make his stand clear.

"Have you started the audit or not? Your counter (reply) 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," the judge said.

The court went on, "His (dargah's counsel) point is very clear. He has a right to representation, but that occasion has not arisen because you (CAG) have not served the terms of the audit... You better hold your hands....He has not been served even with the order.”

The court posted the matter on May 7.

The dargah's counsel said CAG formed a three-member audit panel without serving the terms of the audit on them.

"The petitioner came to know through various media sources and other sources that the respondents have formed a ‘three member audit committee’ to carry out the audit of the petitioner after the writ petition was listed and heard by this court," the counsel said.

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The plea of the dargah argued, "On the one hand, the respondents have failed to tender their reply to the writ petition, and on the other, they have formed a committee to conduct an audit consisting of three senior officers from CAG."

The court was hearing a plea by Anjuman Moinia Fakhria Chishtiya Khuddam Khwaja Sahib Syedzadgan Dargah Sharif, Ajmer against "unlawful search or visit" of the CAG official at its office without any prior notice or information contrary to the provisions of the DPC Act and Societies Registration Act.