AAP Vs LG: SC Stays Away From The Mess, Asks Delhi Court To Decide
The apex court has refused to step into the unpleasant power battle between the Centre and the AAP government.
The Supreme Court (SC) has refused to step into the unpleasant power battle between the Centre and the Aam Aadmi Party-led Delhi Government.
The apex court has said that the Delhi High Court will decide on the controversial Home Ministry notification that said that Chief Minister Arvind Kejriwal had limited powers in Delhi.
The Ministry of Home Affairs had earlier entered a plea in the SC challenging the Delhi High Court order terming as “suspect” its notification barring Delhi government’s anti-corruption branch (ACB) from acting against its officers in criminal offences, and holding that the LG cannot act in his discretion.
The Centre’s petition was mentioned before a vacation bench, comprising Justices A K Sikri and U U Lalit, by Additional Solicitor General Maninder Singh, who said that the observations made by the High Court led to total uncertainty and made everyday administration of national capital difficult.
Here are the Fresh Developments:
— The apex court has asked the Delhi Government to reply in three weeks on Centre’s plea for stay of Delhi High Court’s order holding its notification limiting power of anti-graft panel as suspect.
— It also issued notice to the Delhi Government on Centre’s appeal against Delhi HC’s order allowing the Anti-Corruption Bureau to take action against bureaucrats.
— The court further asked the Delhi HC to proceed on Delhi Government’s fresh petition independently without being influenced by observations made in May 25 verdict.
— Supreme Court also clarified that at this stage there is no stay on observations by Delhi HC which termed the May 21 Centre’s notification as suspect.
Sequence of Events
— Delhi HC was hearing a case of a constable who was held by Delhi’s Anti-Corruption Branch and reserved its order for May 20.
— Union Home Ministry issues a gazette notification on May 21 stating that the ACB shall not take cognisance of offences against officials, employees and functionaries of the central government services.
— Union Home Ministry also gives Lt Governor Najeeb Jung absolute powers on transfers and postings of senior officers.
– On May 25, Delhi High Court terms the Centre’s notification as “suspect” and says that the Lt Governor cannot act on his discretion.
— HC observes that the mandate of the people “must” be respected by the Lt Governor, if there was no other “constitutional or legal fetter”.
(With inputs from the PTI)
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