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L-G, govt in a tussle over anti-graft office posting

Najeeb Jung questions CM Kejriwal's decision to induct five police officers from Bihar in its elite Anti Corruption Branch

Arvind Kejriwal
BS Reporter New Delhi
Last Updated : Jun 03 2015 | 2:20 AM IST
The gloves are off again in the ongoing duel between the Delhi Government and the Lieutenant Governor. Najeeb Jung on Tuesday issued a press release rejecting the Delhi government's decision to depute personnel from Bihar Police for its understaffed anti-corruption bureau (ACB), explicitly stating that he had not received any such proposal.

Without mincing his words, the L-G stated that the ACB functioned under his (L-G's) "authority, control and supervision". The Aam Aadmi Party (AAP) government soon hit back, with Deputy Chief Minister Manish Sisodia going on record to say "the Delhi Government and the ACB have complete power to appoint police officers from anywhere across country". In the midst of this tussle, Sisodia met the L-G on Tuesday.


In a statement issued this morning, the L-G stated, "The ACB Delhi, being a police station, functions under the authority, control and supervision of the L-G, a position that has also been clarified by the ministry of home affairs", referring to the Centre's controversial gazette of notification of May 21.

Both the Centre and the Delhi government had been fighting it out in the courts all of last week, with both the apex court and the high court hearing separate petitions. Even as the matter is still pending before the courts, the wrangling between the two sides shows no signs of abating. Despite the court directions, files on appointments are yet to be forwarded to the L-G for his consideration.

The home ministry according to PTI, stood firmly behind the L-G and a ministry official said according to "the Criminal Procedure Code, the ACB is a police station and the police in Delhi comes under the L-G." The official added that police officers from one state could not be deputed to another without the Centre's nod.

With both the L-G i.e the Centre and the Delhi government claiming to have jurisdiction over Delhi's ACB Business Standard spoke to constitutional expert Subhash Kashyap.

Kashyap reiterated that Delhi being a Union Territory, with the L-G as administrator, Parliament had overriding powers on all subjects, including those of concurrent and state subjects should a conflict arise between the two authorities. Thereby the President had overarching administrative control through the L-G.

Stung by the L-G's very public snub, Aam Aadmi Party leader and spokesperson Ashutosh said, "If ACB is strengthened, who needs to be scared? Only the ones who are corrupt. Then, why are officials not letting that happen?" indicating that the Bharatiya Janata Party (BJP) led Centre was wary of the ACB being strengthened.

According to reports, the five officials from Bihar Police have already joined the ACB. Delhi government sources say Bihar was not the only state, and they were already talking to Uttar Pradesh, West Bengal and Uttarakhand requesting them for personnels. Government claimed that despite several requests to the Delhi police for officials, it had been turned down.

AAP spokesperson Ashutosh retorted, "The ACB falls outside the purview of L-G. This morning, we had this amusing statement from the L-G wherein he stated that the ACB falls under his jurisdiction." Adding, "It seems tomorrow if (US president Barack) Obama is to probe something he would have to take the Delhi L-G's permission. And this comes after the Delhi HC's order and the Delhi Assembly's resolution displaying the will of the people."

The anti-corruption bureau has been in the eye of the storm ever since the high court restored the powers of the ACB to probe central service officials which has however been challenged before the Supreme Court.

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First Published: Jun 03 2015 | 12:41 AM IST

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