Del govt fails to get matters on its powers jointly listed in

Aam Aadmi Party government today made frantic but unsuccessful efforts before the Supreme Court to ensure that its lawsuit for declaration of powers of Delhi as a state be heard along with its plea to restrain Delhi High Court from delivering verdict on a host of issues, including the scope of its powers.
The first effort was made before a bench comprising Justices J S Khehar and Arun Mishra. Since Justice Khehar recused from hearing the plea for passing an order to restrain the High Court from delivering the verdict on scope of powers of Delhi Government which still did not enjoy full statehood under the Constitution, the bench declined to go into the second plea of the lawsuit.

"It is not for us to say anything on the separate lawsuit you have filed. We are not dealing with the matter. It means we are not going to say anything," the bench said, when senior advocate Indira Jaising urged that there should be an order that both the matters be listed for hearing before an appropriate bench tomorrow itself.
Her plea was also objected to by Attorney General Mukul Rohatgi, who said he was not giving his consent for listing both matters together as there was a proper procedure for it which the Delhi Government must follow.
He said such a plea can be mentioned before the Chief Justice who was still holding the hearing at the time.

Jaising then entered into a minor spat with Rohatgi over the procedure for seeking hearing of Delhi government petition on Tuesday and said he cannot backtrack from his consent given earlier.

Rohatgi said he also did no expect a senior lawyer like her not following the procedure of the court.
To this, Justice Khehar in a lighter vain said "Mr. Attorney General, you cannot withdraw your consent given to a woman."
Rohatgi said it was not about withdrawing consent, but the procedure which needs to be followed.
After the hearing was over before the bench of Justice Khehar, Jaising along with a team of lawyer rushed before the bench headed by CJI and just before it was to rise for lunch, she made the second attempt on behalf of the Delhi Government.

The Chief Justice said the bench hearing the matter will
decide whether the civil suit will be heard along with it or not.
"It (suit) will be listed when the court will decide to list," the CJI said, adding that "the suit will be heard and go on its own way."
"The two matters have to be heard in two different ways," Justice Thakur said referring to the appeal and the lawsuit.
Earlier, the apex court had agreed to hear the Delhi government's plea seeking a direction that the High Court be restrained from delivering its judgement on issues including the scope of its powers to exercise its authority in performing public functions.

In its plea, Delhi government has claimed that only the apex court had jurisdiction under the Constitution to deal with issues relating to the powers of States and Centre.
It has been alleged by the AAP government that it has been unable to function as most of its decisions are either annulled or changed by the Centre at the behest of Lieutenant Governor (LG) Najeeb Jung on the ground that Delhi is not a complete state.
In its appeal, it has alleged that its power to do public services in the state has been adversely affected. It also raised a question as to whether the Union of India can take over all powers of the state government.

There is an ongoing power tussle between Delhi government and LG on various issues including the control over Anti- Corruption Branch and power to transfer or retain bureaucrats.
The HC had on May 24 reserved its verdict on the plea of AAP government seeking a stay on the proceedings on petitions arising out of its standoff with the LG over powers to appoint bureaucrats in the national capital and other issues.
The AAP government had sought a stay on proceedings on the ground that the issues involve a dispute of "federal nature" between the Centre and Delhi government and the Supreme Court had exclusive jurisdiction to deal with them.

A total of 11 cases arising out of the confrontation between the LG and Delhi government are being heard together by the high court.
Delhi government had on May 28 last year approached the high court challenging the Centre's notification of May 21 giving the LG absolute powers to appoint bureaucrats in the city.