The turf war between the Centre and the AAP government in Delhi on Wednesday reached the Supreme Court, with the Union Home Ministry challenging the Delhi High Court’s observations that a notification issued by the ministry barring the Delhi government’s Anti-corruption Branch from investigating or prosecuting its officials is “suspect.”
A Special Leave Petition was filed in the registry of the Supreme Court, challenging the observations.
Not heard: Ministry The petition is mainly based on the ground that the observations and remarks on the legality of the Home Ministry's May 21 notification was made without first hearing the ministry.
The petition would also argue that the HC had encroached into matters of government policy on the basis of a bail application.
Kejriwal says Centre will replicate Delhi experiment in other States
Chief Minister Arvind Kejriwal said in the Assembly on Wednesday that the notification issued by the Union Home Ministry on the powers of the Lieutenant-Government would be experimented with one by one in all States ruled by parties other than the BJP. “This is the Delhi experiment of the BJP-led Union government. Its objective is to institutionalise the Centre’s interference and impose dictatorship in the country,” he said
He said a copy of the resolution passed by the Assembly against the notification would be sent to President Pranab Mukherjee, Home Minister Rajnath Singh and Lieutenant-Governor Najeeb Jung, while other Chief Ministers would be warned against the Centre’s ploys.
But even as the Assembly upped the political heat in the national capital, a petition filed by the Centre contended that the Delhi High Court went outside its jurisdiction to comment about the legality of the notification and the extent of the Lieutenant-Governor’s constitutional powers. The petition said the observations were made in a bail application filed by a Delhi Police constable in his personal capacity. The petition argued that the High Court had encroached on matters of government policy on the basis of a bail application.
It said the comments on the legality of the Home Ministry’s May 21 notification was made without first hearing the Ministry.
The High Court noted how the notification came immediately after it reserved orders in the bail case.
The notification had barred the ACB from taking cognizance of the offences against Centre's employees.
