New Delhi: The Delhi government vs Centre battle over the former's powers has now reached the Supreme Court. The Union Home Ministry on Wednesday filed a special leave petition in the Supreme Court challenging the Delhi High Court's ruling on the Centre's recent notification barring Delhi government’s Anti-Corruption Branch (ACB) from acting against central government officers.
In the petition, the Ministry argued that the High Court passed the judgement and made observations without hearing its view, an official said. The Ministry also contended that after concluding all hearings on the bail plea of a Delhi Police constable who was arrested by ACB, the High Court reserved its order on the case on May 20.
The Home Ministry issued its gazette notification on May 21 that the ACB police station shall not take cognizance of offences against officials, employees and functionaries of the central government services besides giving the Delhi L-G absolute powers on transfers and postings of senior officers.
"We will tell the Supreme Court how come the High Court makes comments on a notification issued on May 21 after reserving the judgement a day earlier," the official said.
The order could not have taken into account the notification since the court had already reserved its judgement, he added. The Delhi High Court had on May 25 termed as "suspect" the Centre's notification barring Delhi government's ACB from acting against its officers in criminal offences and held that the Lt Governor cannot act on his discretion.
The HC had observed that the mandate of the people "must" be respected by the Lt Governor if there was no other "constitutional or legal fetter". The AAP government in Delhi and the Lt Governor 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.
With inputs from PTI
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