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New Delhi: It promises to be an interesting and engaging legal battle. After slugging it out through statements and street protests in which bureaucrats had unwillingly become a pawn, the Delhi government vs Centre battle over the former's powers has now reached the Supreme Court.
The Union Home Ministry on Wednesday filed a special leave petition in the Supreme Court challenging the Delhi High Court's ruling on the Centre's recent notification barring Delhi government's Anti-Corruption Branch (ACB) from acting against central government officers.
In the petition, the Ministry argued that the High Court passed the judgement and made observations without hearing its view, an official said. The Ministry also contended that after concluding all hearings on the bail plea of a Delhi Police constable who was arrested by ACB, the High Court reserved its order on the case on May 20.
The development came after the Delhi Assembly passed a resolution against the notification issued by Home Ministry, which called Lieutenant Governor Najeeb Jung's powers absolute and gave him supremacy over the elected Aam Aadmi Party (AAP) government in the two-day special session.
After high drama on the last day of the special session, the resolution was passed by voice vote in the Assembly. A copy of the resolution will be sent to Lt Governor Jung, Union Home Minister Rajnath Singh, and President Pranab Mukherjee.
During the discussion in the House, Delhi Chief Minister Arvind Kejriwal alleged that the Narendra Modi government was "trying to defame AAP government through the Lt Governor". "Slums are being demolished in Delhi at the behest of the Lt Governor so that AAP government can be blamed. From clerk to top officials, Centre wants to appoint all. Its notification giving more powers to L-G is politically motivated," Kejriwal added.
The ruling Aam Aadmi Party called the notification unconstitutional and invalid and party MLA Somnath Bharti said the notification encroaches upon the rights of the House. "The whole issue pertains to a Constitutional crisis. I requested the House to consider notification as null and void. I requested for Presidential reference to Supreme Court. The issues are coming in the way of good governance in Delhi," said Bharti.
The face-off between the Delhi government and Jung intensified over the appointment of Shakuntala Gamlin as acting Chief Secretary. AAP MLA Adarsh Shashtri on Tuesday sought an amendment to Article 155 of Constitution so that Delhi Assembly can impeach the Lt Governor. However, the Delhi government said that there will be no resolution to this effect and it is just the view of one MLA.
Kejriwal had convened a two-day special session of the Delhi Assembly and adopted a motion to discuss the notification issued by the Home Ministry which gave supremacy to the L-G over the state government.
After the notification was issued by the Centre, Kejriwal had reacted strongly to the notification, saying that the NDA Government at the Centre was trying to run the national capital through the 'backdoor'. On the other hand, Delhi Deputy Chief Minister Manish Sisodia had also criticised the notification, terming it as an attempt to "save the transfer-posting industry being run in Delhi".
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