In a major ruling on the powers of the Anti-Corruption Bureau (ACB) of the Delhi government, the Delhi High Court on Thursday upheld the May 2015 notification of the Ministry of Home Affairs that the ACB cannot take cognizance of offences against employees of the Central government.
Notifications
“We hold that the direction in the impugned notifications that the ACB police station shall not take cognizance of offences against officers and employees of the Central Government is neither illegal nor unconstitutional,” the court said.
Cognizance
The Delhi government had said the ACB can take cognizance of any offence within the jurisdiction of the National Capital Territory of Delhi while relying on two notifications of 1986 and 1993 providing that the ACB can take cognizance to the offences committed within the limits of the NCTD.
“...it is evident that the jurisdiction of the ACB is limited to curbing corruption in various departments of the Delhi Administration as well as other statutory bodies over which the Lt. Governor exercises control,” the High Court held.
Jurisdiction
“...the officers and employees of the Central Government have not been brought within the purview of the ACB. The mere fact that under the notifications it was declared that the ACB can take cognizance of the offences committed within the limits of the NCTD does not amount to expanding the jurisdiction of the ACB to proceed against the officers/employees of the Central Government,” the court said.
