Centre Vs Delhi:
Setback for AAP
in Supreme Court
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DEFAMATION CASE:
BAIL FOR KEJRIWAL
* Delhi Chief Minister Arvind Kejriwal, who was summoned as an accused in a criminal defamation complaint filed by BJP MP Ramesh Bidhuri, was on Friday granted bail by a court in Delhi
* Metropolitan Magistrate granted the relief to Kejriwal on furnishing of a personal bond of Rs 10,000
* Kejriwal was summoned as accused by the court in February this year on a criminal defamation complaint filed against him
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NEW DELHI / PTI
The Supreme Court on Friday refused to entertain a Delhi government plea that the high court be asked to first decide the preliminary issue as to whether it has the jurisdiction over disputes between the Centre and the state or is it "exclusively" triable by the apex court.
The apex court also asked the Delhi government, which had moved the high court seeking judgment on a acope of its powers under Article 239 AA of the Constitution, to approach it only after the Delhi high court decides all the issues including the preliminary issue as to whether it has the jurisdiction over the dispute.
A bench of Justices Dipak Misra and U U Lalit said when the high court has heard the matter and reserved the judgment on all the issues including the preliminary issue of jurisdiction, it will be open to the Delhi government to approach it after the high court verdict on the entire issue.
Disposing of the AAP government appeal, the bench said the high court was a "constitutional court" and had the power to decide and interpret constitutional matters like this.
Senior advocate Indira Jaising, appearing for Delhi government, referred to constitutional provisions dealing with the powers of Delhi as a union territory.
"Delhi has an elected and responsible government and judgment of this court applies in this case that the Lt Governor has to run the administration on the aid and advice of the chief minister and council of ministers," Jaising said, adding that this dispute was exclusively triable by the apex court.
"Tell me why you (Delhi government) knocked the door of the Delhi High Court first. You knocked the doors of the Delhi high court under Article 226. Now high court has reserved the judgment and every court has the power to determine its jurisdiction. Whether it is adjudicable under Article 226 or under Article 131, the high court can very well decide the jurisdiction," the bench said.
On July 4, the Arvind Kejriwal government had made unsuccessful efforts to ensure that its lawsuit for declaration of powers of Delhi as a state be heard along with its plea to restrain Delhi high court from delivering verdict on a host of issues, including the scope of its powers.
Prior to this, the court had agreed to hear the Delhi government's plea.
In its plea, Delhi government has claimed that only the apex court had jurisdiction under the Constitution to deal with issues relating to the powers of States and Centre.
It has been alleged by the AAP government that it has been unable to function as most of its decisions are either annulled or changed by the Centre at the behest of lieutenant governor (LG) Najeeb Jung on the ground that Delhi is not a complete state.
In its appeal, the city government alleged that its powerto do public services in the state has been adversely affected. It also raised a question as to whether the Union of India can take over all powers of the state government.
There is an ongoing power tussle between Delhi government and LG on various issues including the control over Anti-Corruption Branch and power to transfer or retain bureaucrats.
The HC had on May 24 reserved its verdict on the plea of AAP government seeking a stay on the proceedings on petitions arising out of its standoff with the LG over powers to appoint bureaucrats in the national capital and other issues.
The AAP government had sought a stay on proceedings on the ground that the issues involve a dispute of "federal nature" between the Centre and Delhi government and the Supreme Court had exclusive jurisdiction to deal with them.
