New Delhi: The Delhi government on Wednesday urged the Supreme Court to hear the pending petitions pertaining to its power struggle with the lieutenant governor expeditiously.
However, a bench of Justices A.K. Sikri and Navin Sinha said it is not in a position to hear the petitions before July 25 as Justice Ashok Bhushan who used to sit with Justice Sikri is on leave. Justice Sikri said the matter would be listed on July 26. Petitions relating to control over services, viz power to appoint and transfer bureaucrats is the most crucial one pending before a two-judge bench.
Senior counsel P. Chidambaram, appearing for the Kejriwal government told the court “the government is paralysed today. We are not in a position to appoint or transfer officers. What is the purpose of the recent Constitution Bench judgment then? There is some urgency”.
Senior counsel Indira Jaising said, “Delhi government officials are refusing to sign even the court documents. Ultimately a minister had to sign the affidavits relating to the application filed in this case.” But Justice Sikri said, “See we are not in a position to hear it before July 25. Let us fix it for the time being on July 26. We will see on that day.”
The Kejriwal government wants the apex court to conclusively adjudicate as to who holds the jurisdiction over services, powers of the Anti-Corruption Bureau and to appoint enquiry commissions, etc. This is because the Centre contends that the SC constitution bench judgment had merely drawn a line regarding the powers of both the
L-G and CM and had not quashed or stayed any of the Delhi high court’s order upholding several of its decisions.
The pending issues include Delhi government’s challenge to MHA notification of May 2015 and July 2014 bringing services under L-G., Validity of MHA notification disallowing anti-corruption bureau to take cognizance of offences against Central government.
D17
