Arvind Kejriwal Has A Setback In Delhi High Court

In a major setback to the AAP government, the Delhi High Court on Thursday ruled that the L-G is the administrative head of the National Capital Territory. The High Court further held that no action can be taken by ACB against Central government officials. The AAP government’s counsel said they will file an appeal against the order immediately.

The bench, comprising Chief justice G Rohini and Justice Jayant Nath ruled that decisions taken by the Delhi government without consulting the LG were illegal.

The court said on reading of article 239 AA and the NCT Act, Delhi continues to be a union territory. The court said article 239 AA continues to be in effect and that the contention of the Delhi government is without substance and cannot be accepted.

The court termed the commission of inquiry into the transport scam (dt 11/8/15) illegal as L-G Najeeb Jung’s permission was not taken. The Delhi High Court further said that the appointment of a commission of inquiry into DDCA also stands illegal. It also maintained that the appointment of persons to the board of BSES, without the L-G’s permission, as illegal. The court also set aside the circle rate notification as L-G was not consulted prior to issuing notification.

In its order, the court also said that policy directions cannot be issued without consulting with the L-G for his views. It also maintained that central services outside, the purview of the Delhi government, cannot be investigated by the ACB.

Read full article by Anisha Mathur.

In a major setback to the AAP government, the Delhi High Court on Thursday ruled that the L-G is the administrative head of the National Capital Territory. The High Court further held that no action can be taken by ACB against Central government officials. The AAP government’s counsel said they will file an appeal against the order immediately. The bench, comprising Chief justice G Rohini and Justice Jayant Nath ruled that decisions taken by the Delhi government without consulting the LG were illegal. The court said on reading of article 239 AA and the NCT Act, Delhi continues to be a union territory. The court said article 239 AA continues to be in effect and that the contention of the Delhi government is without substance and cannot be accepted. The court termed the commission of inquiry into the transport scam (dt 11/8/15) illegal as L-G Najeeb Jung’s permission was not taken. The Delhi High Court further said that the appointment of a commission of inquiry into DDCA also stands illegal. It also maintained that the appointment of persons to the board of BSES, without the L-G’s permission, as illegal. The court also set aside the circle rate notification as L-G was not consulted prior to issuing notification. In its order, the court also said that policy directions cannot be issued without consulting with the L-G for his views. It also maintained that central services outside, the purview of the Delhi government, cannot be investigated by the ACB. Read full article by Anisha Mathur.