Union Govt Vs AAP Govt: SC refused to stay operation of order allowing ACB of Delhi to take actions against the officials in corruption cases

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New Delhi: The demand of staying the order made by High Court of Delhi where Anti- Corruption Bureau of Delhi Government was allowed initiating actions against the Officials involving in the cases of Corruption, is refused by the honourable Supreme Court of India on this Friday.

The decision was made by the honourable Apex Court’s bench comprising of Justice, Arjan Kumar Sikri and Justice, Uday U. Lalit. And besides such refusal of granting stay on the part of the Top Court, it had, however, made it clear that the observation made by the High Court of Delhi on MHA notification dated 21st May of this year, was tentative in nature and the same would not be having any binding effect.

The constitutional validity of the said Notification of 21st May could be decided by the Delhi High Court, without its being influenced by the observations of the controversial nature, as observed by the Top Court’s concerned bench.

A petition from the side of Aam Aadmi Party- AAP Government was already filed in High Court, where it had challenged the said notification and today only the same was to be taken for hearing.

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However, in response to the petition filed on behalf of the Central Government the Top Court has issued notice to AAP’s leader and Chief Minister of Delhi, Mr. Arvind Kejriwal’ Govt and required the filing of reply within the period of three weeks.

Further, the Court said that the differences arising out of Power tussle amongst the Central Government and Government of Delhi will have to be the Top Court and as such the question was put for the Aam Aadmi Party Government as to whether the in there decision they want the decision of hon’ble Supreme Court of India over the dispute of or let the same to be decided by the High Court of Delhi.

In relation to the same issue, yester on 28th May, the assembly of Delhi Government had passed a resolution where the said Notification dated 21st May of the Home Ministry of Central Government was rejected

In the contentious MHA Notification the power was given to the Lieutenant Governor, Mr. Najeeb Jung in appointment of Senior Officials for Delhi and also the State’s Anti-Corruption Bureau was barred from acting against such officials.

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by Faim Khalilkhan Pathan.