Centre may move SC against Delhi HC order on MHA notification

New Delhi: The Centre may move Supreme Court to challenge Delhi High Court order holding that city government's Anti Corruption Branch (ACB) has jurisdiction to investigate and prosecute Delhi Police officials.The Ministry of Home Affairs
centre may move sc against delhi hc order on mha...
India TV News Desk May 27, 2015 9:11 IST

New Delhi: The Centre may move Supreme Court to challenge Delhi High Court order holding that city government's Anti Corruption Branch (ACB) has jurisdiction to investigate and prosecute Delhi Police officials.

The Ministry of Home Affairs (MHA) has now started consultations with legal luminaries after the High Court's observation.

The Ministry officials have consulted with several leading lawyers on various aspects of the notification and the opinion given to Delhi government by legal minds like KK Venugopal and Gopal Subramanium.

"All options are open. Since order came from a single bench of the Delhi High Court, options are open either to approach a division bench or move to the Supreme Court. But no decision has been taken yet. We are still studying," a Home Ministry official said.

The MHA is also keeping a close eye on the emergency session of the Delhi Assembly where Deputy Chief Minister Manish Sisodia yesterday moved a resolution terming the issuance of the notification as an "insult" to the "biggest mandate" the people of the city had given in the assembly polls.

Officials said the Central government has no problem with transfers made by Chief Minister Arvind Kejriwal as he is empowered to effect reshuffle officers below secretary level.

The Delhi High Court had on Monday termed as "suspect" the Centre's recent notification barring Delhi government's Anti Corruption Branch (ACB) from acting against its officers in criminal offences and held that the Lt Governor cannot act on his discretion.

It observed that the mandate of the people "must" be respected by the Lt Governor of the Government of the National Capital Territory of Delhi (GNCTD) if there was no other "constitutional or legal fetter".

It observed that the mandate of the people "must" be respected by the Lt Governor of the Government of the National Capital Territory of Delhi (GNCTD) if there was no other "constitutional or legal fetter".

The notification said that the ACB police station shall not take cognisance of offences against officials, employees and functionaries of these central government services.

 
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