Home ministry notification: SC notice to Delhi government

New Delhi, May 29: In a small advantage to the central government, the Supreme Court on Friday described as “tentative” Delhi High Court’s observation that its May 21 order giving Delhi’s lt. governor the fil say in posting and transfers of bureaucrats was “suspect”, even as it issued notice to the city government on the issue. The vacation bench of Justices A.K. Sikri and Uday Umesh Lalit issued the notice on a central government petition seeking stay of observations made by the high court in three paragraphs of its May 25 judgement wherein it had said that notification was “suspect” and that the Delhi’s Anti-Corruption Branch (ACB) had the jurisdiction to entertain complaint and act against Delhi police officers under the Prevention of Corruption Act.

While terming the observation in paragraph 66 of the high court judgement holding notification “suspect” as “tentative”, the apex court said that in respect of other paragraphs, it will take a call only after receiving reply from the Delhi government. It further said that the high court, while deciding Delhi government’s writ petition challenging the May 21 notification, will decide the same “independently” without being influenced by the observations contained in the high court’s May 25 judgement which was sought to be stayed by the central government in their plea before the apex court. At the outset of the hearing as Solicitor General Ranjit Kumar raised the issue of observations it sought to be stayed, senior counsel Parag Tripathi, appearing for Delhi government, said that the high court had itself said that it was not going the larger issue of the jurisdiction of the ACB and only deciding the bail application by Delhi Police head constable Anil Kumar. (IANS)