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In a statement issued this morning, the LG stated, "The Anti Corruption Bureau (ACB) Delhi, being a police station, functions under the authority, control and supervision of the Lt. Governor, a position that has also been clarified by the Ministry of Home Affairs." The ststement was 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 LG for his consideration.
The Home ministry, according to PTI, stood firmly behind the LG and a ministry official said as per "the CrPC, the ACB is a police station and the police in Delhi comes under the LG." The official added that police officers from one state could not be deputed to another without the Centre's nod.
Constitutional expert Subhash Kashyap said: "With Delhi being a Union Territory with the LG as administrator, the Parliament had over-riding 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 LG."
Stung by the LG's 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 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 that Bihar was not the only state, but the Delhi government was already talking to other states like Uttar Pradesh, West Bengal and Uttarakhand requesting them for manpower. Government claimed that despite several requests to the Delhi police for police officials, it had been turned down.
Union minister and senior BJP leader hit out at the Delhi chief minister saying, "Pehle wo (Kejriwal) apni party mein jung karte hain,fir Najeeb Jung se jung karte hain,fir wo Rajnath Singh ji se jung karte hain."
AAP spokesperson Ashutosh retorted, "The Anti-corruption branch falls outside the purview of Lt Governor. This morning we had this amusing statement from the LG 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 LG's permission. And this comes after the Delhi HC's order and the Delhi Assembly's resolution displaying the will of the people."
The ACB 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.
