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

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Press Trust of India New Delhi
Last Updated : Jul 04 2016 | 9:13 PM IST
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.

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"I can't expect an attorney general to behave like this," she said.
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.
However, Justice Thakur along with Justice D Y Chandrachud, also declined the plea saying "the suit has nothing to do with the matter (which was listed today)".

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First Published: Jul 04 2016 | 9:13 PM IST

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