Kejriwal vs centre: SC issues notice to Delhi govt on centre's plea for stay on HC order

New Delhi: The Supreme Court today sought reply from Delhi government on Centre's plea for stay of HC order holding its notification limiting power of anti-graft panel as suspect.The apex court has given 3 weeks
kejriwal vs centre sc issues notice to delhi govt...
India TV News Desk May 29, 2015 13:54 IST

New Delhi: The Supreme Court today sought reply from Delhi government on Centre's plea for stay of HC order holding its notification limiting power of anti-graft panel as suspect.

The apex court has given 3 weeks time to Delhi govt for filing its reply.

The court clarified that at this stage there is no stay on observations by Delhi HC on May 21 notification which gave more powers to Delhi Lieutenant Governor Najeeb Jung.

A vacation bench comprising Justices A K Sikri and U U Lalit said, "we are not inclined to go into the issue of stay at this stage and after getting the reply, we will look into it".

In its May 21 notification, Centre had restrained the Delhi government's anti-corruption branch (ACB) from acting against its officers in criminal offences and holding that the LG cannot act in his discretion.

In its decision while hearing the bail plea of a Delhi police constable, Delhi HC termed the notification as “suspect” and gave ACB jurisdiction over Delhi police in corruption cases.

The bench also said the High Court would hear the fresh petition filed by the Delhi government challenging the May 21 notification of the Centre independently and without being influenced by the observations made by the single judge in his verdict.

In its May 21 notification, Centre had restrained the Delhi government's anti-corruption branch (ACB) from acting against its officers in criminal offences and holding that the LG cannot act in his discretion.

As per the notification, the Lieutenant Governor (LG) will have jurisdiction over matters connected with services, public order, police and land and he may consult with the Chief Minister whenever he thinks necessary on issues of services using his own discretion.

The bench said that it is upto the Delhi government to decide whether they want to pursue the matter in the Supreme Court or the High Court as the issues are related to Centre's notification.

The bench also suggested that the matters from High Court be transferred to the apex court.

"Let it be decided for once and all by the final court," the bench said.

(With inputs from PTI)

 
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