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Setback for Arvind Kejriwal, ACB to come under LG, rules Supreme Court

New Delhi, News Nation Bureau | Updated : 14 February 2019, 11:15 AM
The two-judge Supreme Court bench comprising Justices AK Sikri and Ashok Bhushan gave a verdict on a batch of petitions challenging a Delhi High Court order which said that the Lt. Governor is the administrator of the national capital. (File photo)
The two-judge Supreme Court bench comprising Justices AK Sikri and Ashok Bhushan gave a verdict on a batch of petitions challenging a Delhi High Court order which said that the Lt. Governor is the administrator of the national capital. (File photo)

The two-judge Supreme Court bench comprising Justices AK Sikri and Ashok Bhushan gave a verdict on a batch of petitions challenging a Delhi High Court order which said that the Lieutenant Governor is the administrator of the national capital. The Aam Aadmi Party (AAP)-led Delhi government had petitioned in the top court and challenged in its plea a number of circulars issued by the Centre empowering the LG to decide in matters in certain areas overriding the elected state government including the transfer and postings of officials.

11 am: Judgment in a nutshell:

  • Services: Larger Bench
  • Anti-corruption Bureau - Centre
  • Appropriate govt under the Commission of Enquiry Act - Centre
  • Electricity reforms - NCT
  • Revision of minimum rates of agricultural land - NCT but LG can refer to President
  • Power to appoint Special Public Prosecutor - NCT
  • 10.57 am: The 2-judge bench of the Supreme Court has referred the power tussle case to a larger court, according to sources.

10.56 am: On the issue of services alone, the judges on the bench differ. Justice Ashok Bhushan says all the officers fall under the domain of the Central government

10.54 am: On services - Entry 41, list 2 is not available with the Delhi government. There is no occasion to arise that executive power is given to the government, says Justice Ashok Bhushan.

10.51 am: The power to appoint public prosecutor lies with the Delhi government, says Justice AK Sikri.

10.50 am: Electricity board- we have held that this power lies with the Delhi government, says Justice AK Sikri.

10.48 am: On Anti-Corruption Branch being directed by LG not to take cognizance of offences against Central Govt officers, Centre's power upheld by SC, says Justice AK Sikri.

10.45 am: On the issue of the anti-corruption branch, Justice Sikri said, "We go by the historical perspective, and the issue is only for central government employees, it is under list entry 1,2 of list 2, hence notification of central government is perfectly in order."

10.42 am: Transfer of certain grade officers will fall under L-G's jurisdiction while others will fall under NCT of Delhi, says Justice AK Sikri.

10.40 am: Letter and spirit behind the Constitution bench judgment will have to be kept in mind. On services, there is a difference of opinion, says Justice A K Sikri.

10.35 am: Issues discussed:

  • Services
  • Anti-corruption Bureau
  • Appropriate govt under the Commission of Enquiry Act
  • Electricity reforms act
  • Revision of minimum rates of agricultural land
  • Power to appoint Special Public Prosecutor

 

First Published: Thursday, February 14, 2019 10:42 AM
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