SC issues notice to Centre on AAP govt’s appeals against LG power

The bench also did not agree with the contention that the decision of Lieutenant Governor Najeeb Jung to set up a three-member committee to look into the past decisions of the Delhi government should be stayed. The affidavit in the High Court was sworn by the Secretary, but here it is sworn by the Deputy CM.

The Delhi Government had sought an urgent hearing on the appeals after which it was fixed for today.

Raising further objection to the maintainability of the Delhi government’s petition, the AG said that it was a settled issue that Delhi was a Union Territory and not a State. “He is only an employee of the Centre and can be asked to leave at any moment”.

“Entirety of the elected government has been reduced to a recommendatory government, which will recommend all the decisions” but decision will be taken by the LG, Venugopal said describing the situation as “extraordinary”. Even the list of law officers appointed by the Delhi Government was struck down by the L-G on ground that it was done so without his prior approval. He said that nine judges bench in 1996 had ruled that Delhi was a Union Territory and not State.

“This is being done to fix criminal liability on an elected government”, he said.

The government can not function, he said and pleaded for stay of at least the functions of this committee.

The order was passed in response to a Public Interest Litigation (PIL) filed by the NGO Rashtriya Mukti Morcha who submitted that the impugned order dated 13.03.2015, appointing the 21 PS, was passed without the LG’s advice or consent. Every day, there would be one order or another. we can not be saying which one is right and which one is not in the course of these proceedings.

The committee has taken away all the files, then how will the government function without files, Subramaniam said. Access to justice could not be stopped and doing so was against legal jurisprudence. “This is what we have been reduced to”, Venugopal submitted.

The apex court issued notices to the Centre and the LG on Kejriwal government’s petitions against the Delhi HC verdict.

The Supreme Court judgement is yet another setback for Kejriwal government as it came a day after the Delhi High Court declared the appointment of 21 parliamentary secretaries “illegal” for want of LG’s approval.