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/