In a big blow to the Aam Aadmi Party (AAP) government, the Delhi High Court on Thursday dismissed its petition challenging the powers of Delhi’s Lieutenant Governor (L-G) Najeeb Jung.
The decision comes after months-long turf war between Jung and Kejriwal for the reins of Delhi. A bench of Chief Justice G Rohini and Justice Jayant Nath dismissed AAP government’s plea challenging the Centre’s 21 May 2015 notification giving absolute powers to LG in appointing bureaucrats in the national capital.
The court also quashed several notifications issued by Kejriwal after returning to power last year, saying they were illegal as they were issued without concurrence of L-G.
The bench, in its 194-page judgement, said the AAP government’s contention that the L-G is bound to act on the aid and advice of Council of Ministers was “without substance and cannot be accepted”.
The court ruled that Delhi will operate as a Union Territory – with the L-G remaining as the administrative head. The court also observed that the commissioning of inquiries into the Delhi and District Cricket Association scam and the CNG scam constituted by the AAP government are illegal because they were done without the L-G’s consent.
Why Even Hold Elections Then? Says AAP
The Delhi government and the AAP came out strongly against the ruling saying they will move the Supreme Court for “justice”.
“We will appraise the Supreme Court that the High Court ruling has put a question mark on our democracy,” said Deputy Chief Minister Manish Sisodia, speaking in the absence of CM Kejriwal who is away attending a meditation course in Himachal Pradesh.
The verdict says that the LG is not bound by the advice of the Council of Ministers. If that’s so, why were elections conducted then?
Sisodia clarified that the tussle over the Delhi government’s powers was not a fight with the central government or Lt. Governor Najeeb Jung. “This is about whether a government will be run by LG or elected representatives of the people?
So who should the people go to if they have problems? To the elected representatives or the LG? The (Delhi) government is working and will keep working for the people.
An “Anti-People Judgement”
Party leader Ashish Khetan was harsher in his criticism of the High Court, calling it an “anti-people” ruling.
Another party leader, Raghav Chadha, said: “A democratically elected government cannot be undermined. This isn’t a fight for supremacy but for democracy.”
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HC Verdict Not a Defeat or Victory for Anyone: Jung
Addressing a press conference in Delhi after the High Court’s decision, Jung adopted a non-combative tone and said the Constitution’s decision should be upheld.
He added that the High Court’s ruling that he is the “administrative head” of Delhi was neither a victory for him nor a defeat for Chief Minister Arvind Kejriwal, noting its main implication is to govern the city as per the provisions in the Constitution.
It is not a victory of anyone. It is not a win for Najeeb Jung and loss for Arvind Kejriwal. The court order is a kind of clarification that incorrect things will have to be corrected...It’s a very important judgement, government should follow the court’s order; the Constitution has been upheld... I will faithfully execute the office of the LG of Delhi.Najeeb Jung, Liutenant Governor, Delhi
In a significant remark, Jung said his office would review all decisions and orders taken by the Delhi government in the last one-and-half years.
The LG, who has been targeted by the Kejriwal Government over his decisions, said, “My DNA is such that I don’t get affected by abusive language.”
Jung said the verdict clarified that matters related to services will have to be handled by the LG and that the Centre’s concurrence was not necessary on certain issues.
(With inputs from PTI and IANS)
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