Power tussle: Centre-Kejri face-off in SC, HC today

R Sedhuraman

Legal Correspondent

New Delhi, May 28

The Centre and the Delhi Government today opened new fronts in their battle for power by taking their disputes to the Supreme Court and the Delhi High Court and pleading for urgent adjudication.

The Centre has gone to the apex court, challenging the Delhi HC’s May 25 verdict questioning the Union Home Ministry’s authority to strip the city government’s Anti-Corruption Bureau (ACB) of its power to probe and arrest Delhi police personnel in corruption cases.

On the other hand, the Arvind Kejriwal government has approached the HC, challenging the Union Home Ministry’s May 21 notification handing over the power to appoint the Chief Secretary and other top officials of Delhi to Lieutenant Governor Najeeb Jung. Both SC and HC agreed to hear the petitions tomorrow.

Arguing for the Centre before SC’s vacation Bench headed by Justice AK Sikri, Additional Solicitor General (ASG) Maninder Singh pleaded that the Delhi administration had come to a standstill as a result of Delhi HC’s May 25 verdict.

“There is total uncertainty in the Delhi administration following the HC verdict, requiring urgent intervention by the SC to clarify the correct position. Every day, something is happening on the basis of the HC ruling,” Singh contended.

The HC had unnecessarily interpreted a Constitutional provision (Article 239AA) in a corruption case against a constable of the Delhi Police, which was under the Union Home Ministry, without seeking the Centre’s views, the ASG said.

The SC Bench, which included Justice UU Lalit, noted the HC had merely described as “suspect” the validity of the Home Ministry’s notification against the ACB. Nevertheless, it posted the case for hearing tomorrow.

In its petition, the Centre has sought a stay on the HC ruling without waiting for Delhi Government’s response, but the Kejriwal dispensation has already come to the SC in the form of a caveat pleading that no order be passed at its back.

Taking the matter to the HC, the Delhi Government also sought an urgent hearing of its petition against the Centre’s notification in favour of the LG.