Tricky legal battle looms as top courts step in

It was a battle of nerves on Friday as legal eagles from both the Centre and the Delhi government waited for the top courts to end the logjam.

The Supreme Court on Friday refused to stay the observations of the Delhi High Court, which had termed as “suspect” the recent Centre’s notification clipping powers of the Aam Aadmi Party (AAP) government, saying they were “only tentative in nature” without expressing any opinion on its validity. It, however, decided to examine the Centre’s challenge to May 25 High Court order on the jurisdiction of National Capital Territory (NCT) government’s anti-corruption branch (ACB) to arrest policemen.

The court, which noted that the AAP government has filed a fresh petition in the High Court against the May 21 notification giving discretion to the Lieutenant Governor in appointing bureaucrats, directed the HC to hear it independently without being influenced by the observations made by a single judge on the notification.

The court sought the response within three weeks from the Delhi government on Centre’s plea, seeking <g data-gr-id="50">stay</g> of the May 25 order and certain observations made by it against the Centre’s May 21 notification. “ACB police station shall not take any cognisance of the offences against officers, employees and functionaries of the Central government,” the notification had said. A vacation Bench comprising Justices AK Sikri and UU Lalit said it will consider the Centre’s plea for <g data-gr-id="49">stay,</g> after the reply is filed by the Delhi government in three weeks. The Bench also issued notice and sought response within six weeks from the Arvind Kejriwal government on the main appeal filed by the Ministry of Home Affairs against the observations of the High Court which held that the Lieutenant Governor cannot act in his discretion.Thereafter, the Centre will respond within the next four weeks to the reply of AAP regime, the court said.

Meanwhile, not granting a stay or quashing the Centre’s notification clipping the Aam Aadmi Party (AAP) administration’s powers, the Delhi High Court on Friday directed the Lt Governor to “deliberate” on the city government’s proposals on the appointment of senior bureaucrats to key posts. Hearing the Delhi government’s plea for quashing the May 21 order of the Centre, barring the anti-corruption branch (ACB) from proceeding against any staff under Centre’s control, the court, as an interim measure, asked the Lieutenant Governor (LG) of Delhi, Najeeb Jung, to deliberate upon the AAP government’s orders shifting nine bureaucrats from one post to another. 

It also sought the Centre’s response on the AAP government’s plea, seeking quashing of a notification, which gave the Lt Governor absolute powers to appoint bureaucrats to various posts in the national Capital. Justice Rajiv <g data-gr-id="38">Shakdher</g> gave the interim order after senior advocate Indira Jaising, appearing for the Delhi government, suggested via media to break the “conundrum”.