SC seeks Delhi govt's reply on plea to stay HC order

Asks Delhi HC to decide on Centre's 'suspect'notification

Even as the Supreme Court on Friday refused to stay the Delhi High Court’s ruling over the “suspect” central notification limiting the anti-corruption branch’s power to probe central government officials, the stand-off between the Delhi government and Lieutenant (LG) Governor Najeeb Jung appears to be intensifying. Both sides are refusing to retreat. 

The Aam Aadmi Party (AAP)-led Delhi government has been implying that the Centre’s notification is a move to render the city government toothless, and accusing the Centre of “betraying the people of Delhi”, while the LG has been citing constitutional provisions to assert himself. 

Here’s a snapshot of the story so far:

* The face-off between the two sides was fuelled when the LG appointed Shakuntala Gamlin as the acting chief secretary of Delhi on May 15 

* The AAP government opposed Gamlin’s appointment and accused her of favouring power distribution companies. 

* On May 16, Chief Minister Arvind Kejriwal asked Gamlin not to take charge of the post but she ignored the advice and followed the LG’s order.

* On May 21, the Union home ministry issued a notification, saying appointment of bureaucrats in the national capital was the sole discretion of the LG and that he did not need to consult the state’s council of ministers over law-and-order and land-related matters. 

* The Centre’s notification also made it clear that the jurisdiction of the Delhi government’s anti-corruption branch was restricted to employees and officers of the Delhi government, and did not extend to “officers, employees and functionaries of the central government”.

* To discuss the notification, Kejriwal on May 23 decided to call an emergency session of the Delhi Assembly May 26.

* On May 27, the Delhi Assembly adopted a resolution against the Centre’s notification. AAP was to send the resolution to President Pranab Mukherjee, the LG and Home Minister Rajnath Singh.

* Kejriwal also moved the Delhi High Court, which referred to the home ministry’s notification as “suspect” and said the LG, who represents the Centre, was “bound to act upon the aid and advice” of Delhi’s council of ministers.

* The Centre challenged the high court order in the Supreme Court on May 28. 

* Jung met Home Minister Rajnath Singh and spoke to Home Secretary K C Goyal over telephone. What transpired in their conversation is not immediately known. However, The Economic Times quoted sources as saying that they discussed the resolution passed by the Delhi Assembly and the Centre’s stand in the apex court over the special leave petition.
 

* On May 29, the Supreme Court distanced itself by asking the Delhi High Court to decide on the notification, without getting influenced by its previous order. The court also asked the Delhi government to reply within three weeks on the Centre’s plea for stay on the HC order. It issued a notice to the Delhi government but allowed the anti-corruption branch to take action against bureaucrats