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/