The legal tussle between the Centre and the Delhi government over the Home Ministry notification clipping the powers of the AAP dispensation today reached the Supreme Court and the Delhi High Court.
The Supreme Court will tomorrow hear Centre's plea challenging Delhi High Court order terming as "suspect" its notification barring Delhi government's anti-corruption branch (ACB) from acting against its officers in criminal offences, and holding that the LG cannot act in his discretion.
The Centre's petition was mentioned today before a vacation bench, comprising Justices A K Sikri and U U Lalit, by Additional Solicitor General Maninder Singh, who said that the observations made by the High Court led to total uncertainty and made everyday administration of national capital difficult.
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Irked by the notification that gives the Lieutenant Governor absolute powers in appointing bureaucrats in the national capital, the AAP government moved the Delhi High Court challenging it.
The petition mentioned before a bench of justices B D Ahmed and Sanjeev Sachdeva, said, "The Delhi government has decided to move against the Ministry of Home Affair's (MHA's) May 21 notification."
"As per the notification, the LG would have jurisdiction over matters connected with services, public orders, police and land, and...Services of bureaucrats...Allowing him discretionary powers to seek the opinion of the CM," it said.
In its plea in the apex court, Centre said that there was a need for clear interpretation of Article 239 AA of the Constitution in the balance of equation between the Delhi government and the LG.
When the bench said that the High Court has only used the word "suspect", the ASG submitted that a clarification is needed.
He said that the High Court observartions and findings have come while dealing with the bail application of the policeman who was arrested by the ACB.
