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SC to hear Centre’s plea against HC order on notification


New Delhi: The Supreme Court will tomorrow hear Centre’s plea challenging Delhi High Court order terming as “suspect” its notification barring Delhi government’s anti-corruption branch (ACB) from acting against its officers in criminal offences, and holding that the LG cannot act in his discretion.

The Centre’s petition was mentioned before a vacation bench, comprising Justices A K Sikri and U U Lalit, by Additional Solicitor General Maninder Singh, who said that the observations made by the High Court led to total uncertainty and made everyday administration of national capital difficult.

He said that there was a need for clear interpretation of Article 239 AA of the Constitution in the balance of equation between the Delhi government and the Lt Governor.

When the bench said that the High Court has only used the word “suspect”, the ASG submitted that a clarification is needed.

He said that the High Court observartions and findings have come while dealing with the bail application of the policeman who was arrested by the ACB.

Delhi government has also filed a caveat to pre-empt passing of an ex parte order.

In the application it has said that before passing any order, the city government be given an opportunity to make its stand clear.

The Ministry of Home Affairs (MHA) had yesterday moved a petition before the apex court challenging May 25 order of the High Court which was hearing bail application of a Delhi Police constable arrested by ACB of Delhi Government on bribery charges.

The findings of the high court were part of a judgement in which it held that the anti-corruption branch of the NCT government has the jurisdiction to arrest policemen.

The AAP government in Delhi and the LG have been involved in a public spat over his powers vis a vis an elected government.

The Centre had on May 21 issued a notification siding with the Lt Governor.

The High Court had dismissed the bail application of a head constable, who was arrested by the ACB in a corruption case.

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