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On Monday evening, the Centre filed an affidavit before the Supreme Court (SC), defending the Delhi ordinance and saying that the Delhi government was trying to ‘paralyse’ the national Capital and harass the vigilance department officials.
The ordinance in question, issued by the central government on May 19, took control of the services department of the Delhi government just seven days after the SC had given control of services to the Delhi government (May 11).
“When the decision to promulgate the ordinance was taken, the Parliament session was two months away, and any delay would not only have paralysed the administration of the national Capital but would have embarrassed the entire nation within and outside the country,” stated the affidavit.
The Aam Aadmi Party said that the Centre’s ordinance was an “unconstitutional exercise of executive fiat” that attempted to override the SC order.
The affidavit was filed by the Centre shortly after the SC advised the Lieutenant Governor (L-G) of Delhi and the Government of the National Capital Territory of Delhi to “rise above the political bickering” and hold discussions on who could be the chairperson of the Delhi Electricity Regulatory Commission.
On the other hand, while hearing the petition by the Delhi government challenging the ordinance’s constitutionality on control of services, the apex court said the issue needs to be referred to a five-judge Constitution Bench for further consideration.
However, after the counsel for both the Centre and the Delhi government said they would argue the matter, the court deferred the hearing to July 20.
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In its 33-page affidavit, the Centre said the ordinance had to be brought in urgently because files from the vigilance department, including those in the excise policy case, those regarding Arvind Kejriwal’s new bungalow, the probe into the Delhi government ads, Delhi’s power subsidy, and other matters, were all taken into unlawful custody by the Delhi government ministers from the vigilance department.
The Centre said that in the wake of the SC’s orders, which gave control of services to the Delhi government, the political executives of the Delhi government were threatening officials of the vigilance department and obstructed them from discharging their duties.
The Centre also said that just after the apex court’s order of May 11, the L-G told the Delhi chief minister (CM) that the SC’s order was sacrosanct and should be followed in letter and spirit.
“Despite this, the CM and other ministers in a dramatic and convoluted fashion, immediately went on a rampage by issuing orders and posting them on social media, which are in gross disregard to the rules and procedures already in place with regard to the administrative mechanism of the civil services board, set up as per the direction of the SC,” read the affidavit.
The Centre said the “ministers started a witch-hunt, harassment of officers, media trials, threats, and street postures to influence the decision-making by the officers”.
