Centre's May 21 notification limiting ACB's power 'suspect': HC

In a shot in the arm for the AAP government, the Delhi High Court today 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 LG cannot act in his discretion.

The High Court noted that Lieutenant Governor of Government of National Capital Territory of Delhi (GNCTD) is bound to act upon the aid and advice of the council of ministers who are directly elected by the citizens of Delhi and the Centre's "executive fiat" siding with him is "suspect".

It observed that mandate of the people "must" be respected by the LG of GNCTD if there was no other "constitutional or legal fetter".

The findings were part of a judgement in which the high court held that the anti-corruption branch of the NCT government has the jurisdiction to arrest policemen.

The AAP government in Delhi and the Lt Governor have been involved in a public spat over his powers vis a vis an elected government. The Centre had on May 21 issued a notification siding with the Lt Governor.

The High Court dismissed the bail application of a head constable, who was arrested by the ACB in a corruption case.

"After the judgement was reserved in the present application, the Ministry of Home Affairs has issued a notification...On May 21, 2015 thereby further amending the notification dated November 8, 1993 and, inter alia, providing that 'ACB police station shall not take any cognisance of the offences against officers, employees and functionaries of the Central Government'.

"In my view, since the Union lacks the executive authority to act in respect of matters dealt with in Entries 1 & 2 of List III of the Seventh Schedule, the further executive fiat issued by the Union Government on May 21, 2015 is also suspect," Justice Vipin Sanghi said.