The Supreme Court today refused to stay the observations of the Delhi High Court, which had termed as "suspect" the recent Centre's notification clipping powers of the AAP government, saying they were "only tentative in nature" without expressing any opinion on its validity.
It, however, decided to examine the Centre's challenge to May 25 High Court order on the jurisdiction of NCT government's anti-corruption branch (ACB) to arrest policemen.
The court, which noted that the AAP Government has filed a fresh petition in the High Court against the May 21 notification giving discretion to the Lieutenant Governor in appointing bureaucrats, directed the HC to hear it independently without being influenced by the observations made by the single judge on the notification.
The court sought response within three weeks from Delhi Government on Centre's plea seeking stay of the May 25 order and certain observations made by it against the Centre's May 21 notification.
"ACB police station shall not take any cognisance of the offences against officers, employees and functionaries of the Central Government," the notification had said.
A vacation bench comprising Justices A K Sikri and U U Lalit said it will consider the Centre's plea for stay after the reply is filed by the Delhi government in three weeks.
The apex court referred to the plea of Solicitor General Ranjit Kumar for stay of the observations made in paras 44 as well as 65 to 67 (of the May 25 order). It said Since notice was being issued, the prayer for stay will be considered after the reply is filed within three weeks.
"However, insofar as observations made in para 66 are concerned, we find that they pertain to Notification issued on May 21, 2015 which was issued after the judgement was reserved by the High Court. Neither the Union of India was party who had issued this Notification nor was there any occasion to any hearing on the said Notification.
"We are also informed that this Notification has been challenged by the Delhi Government by filing the Writ Petition in the High Court under Article 226 of the Constitution.
"We, therefore, clarify that the observations made therein were only tentative in nature without expressing any opinion on the validity of Notification dated May 21, 2015 and it would be open to the High Court to deal with the said petition independently without being influenced by any observations made in para 66, or for that matter in other paragraphs of the impugned order," the bench said.
