Can’t stay proceedings on Centre-AAP spat at this stage: HC

The Delhi High Court on Monday said it cannot stay proceedings, which are at “fag end”, on a bunch of petitions arising out of the spat between the Lieutenant Governor (LG) and the Aam Aadmi Party (AAP) government over the powers to appoint bureaucrats in the national Capital and other issues.

A Bench of Chief Justice G Rohini and Justice Jayant Nath said the Supreme Court has fixed a deadline for deciding these matters by end of July.

“We cannot stay the matter at the fag end of proceedings,” the bench said, adding, “Time has been fixed by the Supreme Court. We cannot stay the proceedings here.” 

The court’s oral observation came on an application filed by the AAP government seeking a stay on the hearing on these petitions on the ground that the issues involves a dispute of a “federal nature” between the Centre and Delhi government.

“As per Article 131 (of the Constitution), Supreme Court has the exclusive jurisdiction in a dispute between the Union of India and a state provided that the dispute is of a federal nature. We have to delve into this aspect,” senior advocate Indira Jaising, appearing for the AAP government, said.

“I will request that judgement be not passed,” she said, adding, “I am concerned about the Supreme Court’s deadline.” 

The Bench, which asked the Centre to file its reply on the AAP government’s plea by May 9, said that stage of judgment was far away as the hearing on the petitions were going on.

“Let us hear the arguments first. The judgement stage is away,” the Bench said. To this, Jaising said: “There should be an ad-interim stay on the judgement till next Monday.”