Centre takes Kejriwal-Jung row to Supreme Court: Here's what the MHA will argue

As the row between the Centre and the Delhi government intensified on Wednesday with the former challenging the Delhi High Court’s order that termed a notification of Union Home Ministry barring the Anti-Corruption Bureau (ACB) from acting against its officials ‘suspect’, reports said that the MHA will argue that the observations were made without hearing the ministry completely. [caption id=“attachment_2267180” align=“alignleft” width=“380”] Delhi CM Arvind Kejriwal. Agencies[/caption] A Special Leave Petition (SLP) was filed in the registry of the apex court on Wednesday evening challenging the 25 May order of the High Court, which was hearing the bail application of a Delhi Police constable arrested by the ACB of Delhi government on bribery charges. The MHA will argue that the Delhi High Court passed the judgement and made observations and remarks on the notification without hearing its view, reported PTI. A report in The Hindu also said that the petition in the Supreme Court also claimed that the Delhi High Court “went outside its jurisdiction to comment about the legality of the notification and the extent of the Lieutenant-Governor’s constitutional powers.” An ABPLive report said that the MHA will also argue that it was not a party in the case in the first place because the constable who filed the bail application did not do so in connection with MHA notification, but in his personal capacity. Thus, the MHA will argue that the high court had encroached on matters of central government policy based on a bail application. The ministry will also contend that after concluding all hearings on the bail plea of the Delhi Police constable who was held by ACB, the High Court reserved its order on the case on 20 May. Another argument put forward by the MHA will be that by striking down only a part of the notification, the Delhi High Court has put the entire notification in limbo which would only worsen the tiff between the Centre and the Aam Aadmi Party (AAP) government in Delhi, according to an India TV report. The report also said that the Home Ministry sources indicated that since the issue involved ‘constitutional propriety’, the apex court would be the best arbiter in the issue. Legal correspondent of The Hindu Krishnadas Rajagopal also tweeted out some details of the petition filed, saying that it claimed that the high court’s remarks on the notification had introduced ’total uncertainty’ in LG-AAP ties, made everyday administration difficult and was against the ‘fundamental norm of natural justice’.

#MHA notification row: Delhi HC remarks callg notification 'suspect' has introduced 'total uncertainty' in LG-AAP govt equations @the_hindu

— Krishnadas Rajagopal (@kdrajagopal) May 28, 2015

HC remarks on #MHA notification makes everyday admin difficult. Vitiates relations with State govt: Centre in SC

— Krishnadas Rajagopal (@kdrajagopal) May 28, 2015

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HC remarks on #MHA notification against fundamental norm of natural justice as Centre was denied d right 2 b heard @the_hindu @abaruah64

— Krishnadas Rajagopal (@kdrajagopal) May 28, 2015

On 25 May, while making a remark on the MHA notification, Justice Vipin Sanghi of the Delhi High Court had said, “In my view, since the Union lacks the executive authority to act in respect of matters dealt with in Entries 1 & 2 of List III of the Seventh Schedule, the further executive fiat issued by the Union Government on May 21, 2015 is also suspect.” The order came on a day when Delhi Chief Minister Arvind Kejriwal had taken to the streets and was holding an ‘open cabinet meeting’ in central Delhi against the alleged oppressive measures being used by the Centre to curtail powers of the Delhi government. The AAP government in Delhi and the Lt Governor have been involved in a public spat over his powers vis-a-vis an elected government. The Centre had on 21 May issued its notification siding with the Lt Governor. With inputs from PTI