NEW DELHI, May 28:
The Supreme Court will tomorrow hear Centre’s plea challenging 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.
He said that there was a need for clear interpretation of Article 239 AA of the Constitution in the balance of equation between the Delhi Government and the Lt Governor.
When the bench said that the High Court has only used the word “suspect”, the ASG submitted that a clarification is needed.
He said that the High Court observartions and findings have come while dealing with the bail application of the policeman who was arrested by the ACB.
Delhi Government has also filed a caveat to pre-empt passing of an ex parte order.
In the application it has said that before passing any order, the city Government be given an opportunity to make its stand clear.
The Ministry of Home Affairs (MHA) had yesterday moved a petition before the apex court challenging May 25 order of the High Court which was hearing bail application of a Delhi Police constable arrested by ACB of Delhi Government on bribery charges.
The findings of the high court were part of a judgement in which it held that the anti-corruption branch of the NCT Government has the jurisdiction to arrest policemen.
The AAP Government in Delhi and the LG have been involved in a public spat over his powers vis a vis an elected Government.
The Centre had on May 21 issued a notification siding with the Lt Governor.
The High Court had dismissed the bail application of a head constable, who was arrested by the ACB in a corruption case. The Delhi Government, in its petition, said that in a democratic set up there cannot be two reporting authorities — the Lieutenant Governor and the Chief Minister.
“The Lt Governor, in law, cannot be placed in a higher position than the Governor of a State, who has to act on the aid and advice of the Council of Ministers,” it said.
The plea also sought setting aside of the Centre’s May 21 notification, saying it deprived the capital of executive power/authority to enforce criminal law within the city which is “clearly bad in law”.
“It is wholly arbitrary, illegal, ultra vires of the Constitution of India and is a colourable exercise of power aimed at making it virtually impossible for democratically elected Government to carry out its day-to-day administrative functions and responsibilities,” it said.
The AAP Government also sought quashing of July 23, 2014, notification, issued by the MHA at a time when Delhi did not have an elected Government and was under direct rule of the Centre, restricting the executive power of the GNCTD acting through the ACB to investigate officers and employees of the city Government only.
“The impugned notifications to the extent that they seek to restrict executive authority of GNCTD acting through ACB to investigate complaint only against employees of GNCTD are clearly ultra vires of the Constitution in as much as the Centre can’t by executive fiat exercise executive power in respect of matters falling within competence of the Delhi Assembly,” it said.
The city Government also submitted before the court that taking note of gravity of the situation in the capital, the Assembly passed a resolution yesterday directing Council of Ministers to continue allocating work to its officers and employees.
Meanwhile, the high court has posted the hearing on a separate PIL filed by a law student challenging the Centre’s notification for tomorrow.
The court fixed the matter for hearing tomorrow after Additional Solicitor General (ASG) Sanjay Jain informed it that a similar petition has been filed by the Delhi Government and the Centre has also moved the Supreme Court against the high court’s observation related to its notification. (PTI)
Follow our WhatsApp channel