New Delhi: The stage for a full-fledged legal war between Narendra Modi-led NDA government at centre and Arvind Kejriwal-led Delhi government has been set with two court hearings today, one in Supreme Court and one in Delhi High Court.
The Aam Aadmi party government of Delhi on Thursday moved the Delhi High Court challenging the Ministry of Home Affairs May 21 notification that said Lt. Governor Najeeb Jung has discretionary power over appointments and transfers of key bureaucratic posts in the capital.
The Delhi government mentioned the matter before a division bench of Justice BD Ahmed and Justice Sanjeev Sachdeva, which posted the matter for Friday.
A day before that, Ministry of Home Affairs (MHA) moved to the Supreme Court challenging the Delhi High Court order that had termed as ‘suspect' a notification issued by it, barring the Delhi government's Anti-Corruption Branch (ACB) from acting against its officials, including those of Delhi Police.
The MHA's action came on the day when Delhi Assembly passed a resolution rejecting the Centre's notification giving more powers to the Lieutenant Governor.
On May 25, the Delhi High Court had ruled that the ACB has power to arrest Delhi police officials while hearing the bail plea of a constable arrested by the ACB on bribery charges.
The court also criticised last week's notification by MHA which gave more power to LG and reiterated the Union government's stand on ACB.
A week after a public power tussle erupted between Lt. Governor Najeeb Jung and the AAP government in Delhi over posting and transfer of senior officers, the Home Ministry on May 21 clarified that the former could exercise powers on issues of public order and services.
"The state legislative assembly shall have power to make laws for the whole or a part of National Capital Territory of Delhi with respect to any of the matters enumerated in the State list or Concurrent list so far as any such matter is applicable to union territories, except matters with respect to Public Order, Police and Land, clarified a Home Ministry notification.
The notification said that Lt. Governor remained the administrator of the union territory.
The AAP government, which took office in February this year, has been asserting its administrative powers on posting and transfer of senior officers, particularly from the Indian Administrative Service (IAS).
(With inputs from agencies)
