A Special Leave Petition (SLP) was filed in the registry of the apex court this evening challenging May 25 order of the High Court which was hearing bail application of a Delhi Police constable arrested by ACB of Delhi Government on bribery charges.
The Home Ministry had maintained that ACB had no jurisdiction over its officials whereas the Delhi Government had challenged it.
However, while dismissing the bail application of the constable, the High Court termed as "suspect" the Centre's notification barring Delhi government's ACB from acting against its officers in criminal offences and held that the LG cannot act on 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".
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"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 had said in his order.
The order came on the day when Delhi Chief Minister Arvind Kejriwal had taken to streets and was holding an 'open cabinet meeting' in central Delhi against the alleged oppressive measures being used by the Centre to curtail powers of the Delhi government.