AAP ON BACK FOOT AFTER DELHI HC’S INTERIM ORDER

Even if interim, the interim order of the Delhi High Court has come as another jolt of the day for the Aam Aadmi Party.

Even if its leaders may take respite in the fact that the matter is sub-judice in Supreme Court and High Court and may chose to react accordingly (trying to look unfazed by the developments of the day), the reality of the day clearly goes against them.

Even if they shield behind the logic of the notice given by the HC to the Centre on Ministry of Home Affairs’ notification of May 21 that backs the lieutenant-governor on bureaucratic appointments and prevents the Anti-corruption Bureau (ACB) of Delhi from taking cognizance of the offences committed by the Central Government employees, they will find the day’s developments hard to reconcile with.

Even if they say the orders are just the beginning and the SC has asked the AAP government to file its reply in three weeks on the Centre questioning the Delhi HC order on ACB jurisdiction and it will present its viewpoint on the court, an anti-AAP message has gone.

May 29, 2015 is a day when the AAP had to face two jolts, two negative developments, a day after the special session of Delhi assembly where the Central Government and the L-G had been lambasted, where anti-notification and anti-Union government resolutions were passed and where Arvind Kejriwal had openly challenged the Centre on interfering in Delhi through ‘such’ notifications.

First, the SC issued notice to the AAP government on the Centre’s plea about ACB jurisdiction saying the Delhi HC’s observation about the notification was not ‘binding’. Then there came the double whammy with the Delhi HC’s interim order which said the L-G was the constitutional head of Delhi and his orders were binding on the Delhi Government – till its conclusive orders.

It even didn’t pass any order on the Delhi Government’s proposal. The proposal said the government would send its decisions to the L-G for review and in case of any disagreement between the L-G and the Delhi council of ministers, the President’s words will be final. The HC passed the proposal to the L-G but refused to set any deadline.

After today’s developments, the AAP government has three weeks to explain in the SC that why the MHA notification violates the constitutional provisions and the laws governing Delhi vis-à-vis ACB’s jurisdiction.

And the Centre has six weeks to file an affidavit in the Delhi HC on its notification and how the transfers and postings were done in previous governments in Delhi.

Till the time an order comes, Najeeb Jung is the constitutional head of Delhi and will prevail in matters of bureaucratic appointments including the latest order by Arvind Kejriwal transferring nine bureaucrats where he did not consult the L-G.

©/IPR: Santosh Chaubey – https://santoshchaubey.wordpress.com/

CM VS LG ROW: SC ASKS DELHI HC TO RULE ON MHA NOTIFICATION FIRST

As expected to be among the expectations from the court in the ongoing row between the Delhi chief minister Arvind Kejriwal and the Delhi lieutenant-governor Najeeb Jung, the Supreme Court of India has asked the Delhi High Court to hear the Aam Aadmi Party’s (APP) plea against the gazette notification of the Ministry of Home Affairs first (MHA).

In doing so, the apex court has taken a neutral stand for any concerned stakeholder in this case, the Union Government led the Bhartiya Janata Party and the Delhi Government led by the AAP.

While it told that the Delhi HC order calling the MHA notification ‘suspect’ was tentative, at the same time, it refused to put any stay on the Delhi HC order on jurisdiction of Delhi’s Anti-corruption Bureau. It has also asked the AAP government to file a reply within three week on the Centre’s plea seeking to put a stay on the Delhi HC order. It said it would go ‘into’ the issue later.

It has asked the Delhi HC to rule on the MHA notification first that whether it violates the constitutional norms and various laws governing Delhi. The apex court has said that it wants the Delhi HC to listen to the matter objectively and without any influence, including the ‘suspect’ comment by a HC judge, and therefore it is not passing any comment.

So, till the time Delhi HC comes with a ruling, the status-quo on the MHA notification is maintained, means the bureaucratic appointments in Delhi would remain under the L-G. The HC ruling would also clear the ACB’s jurisdiction.

And it is also clear that the losing stakeholder in this case would move to the Supreme Court to overturn the decision of the Delhi HC – be it the AAP or the BJP.

So, let’s see how it goes in the Delhi HC – the next stage of the legal battle, the only logical way out in the ongoing CM Vs L-G or Delhi Government Vs Centre row.

©/IPR: Santosh Chaubey – https://santoshchaubey.wordpress.com/

‘COURTS’ TO HEAR CENTRE AND AAP TODAY: THE ONLY LOGICAL WAY OUT

So, it is happening now and today is the day when the most logical phase of ‘politically’ motivated war begins.

Day before yesterday, the Union Home Ministry (MHA) filed a plea in the Supreme Court against May 25 Delhi High court order denying bail to a Delhi Police constable arrested by the Delhi’s Anti-corruption Bureau and calling the notification issued by the Union Home Ministry ‘suspect’ in the process.

The Supreme Court is to hear it today.

Yesterday, the Aam Aadmi Party moved Delhi High Court against the May 21 gazette notification of MHA that backed the Lieutenant-Governor. The notification was issued after interpretation of laws governing Delhi (including the Indian Constitution) and told us that bureaucratic appointments in Delhi were the exclusive domain of the L-G and also that the Delhi ACB could not take cognizance of offences committed by the Central Government employees.

The Delhi High Court is to hear it today.

Let’s see if any observation or order comes today. Or there are chances that the issue requires more hearing(s).

Let’s see if further dates are required (that is a valid possibility in this issue) and court refers the issue to the constitutional experts. Let’s see if Delhi High Court says it would wait for the Supreme Court hearing the matter first as the AAP has filed the plea against the whole MHA notification. Simultaneously, the AAP has also filed a caveat in the Supreme Court to hear its stand before passing any order.

Now, the apex court will decide jurisdiction of the ACB on the Centre’s plea. In doing so, it will certainly interpret and lay down the constitutional norms. The Centre has moved the SC with a plea demanding overturning the High Court’s order on ACB reiterating the stand taken in the MHA notification.

But also, as the High Court is to hear a plea against the whole notification including the ACB part, alternatively, the Supreme Court may ask the High Court to interpret the constitutional validity of the notification first.

Let’s wish courts are here on the same page here.

If it comes out to be what Kejriwal is trying to prove, we will see an even more aggressive Kejriwal on the whole issue. On the other hand, anything contrary would force him to reconsider his moves. And the possible responses would include playing ‘victim’ card again, like he did during the campaigning phase this time, readily apologizing for ‘deserting Delhi in just 49 days’ during his first term – the 49 days that now find a proud mention on the AAP website for achievements accrued then.

Who is the boss in Delhi in the ongoing CV Vs L-G row can be decided only by a court because the kind of politics Kejriwal has displayed after taking over the chief minister’s office on February 14 this year, he would not accept any interpretation by the Centre, even if it comes through the President.

And since it is in ‘courts’ now – in country’s apex court and in Delhi’s top court – its concluding part begins today.

©/IPR: Santosh Chaubey – https://santoshchaubey.wordpress.com/