AAP govt to move SC, lashes out at LG Najeeb Jung

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Aam Aadmi Party on Thursday said that it will challenge the Delhi High Court’s ruling on LG’s powers.

The party’s Delhi convenor, Dilip Pandey said, “AAP believes in democratic process. The Delhi government is a symbol of hope and expectations of the people (of Delhi). To dismiss it means dismissal of democratic process. The Delhi Legislative Assembly cannot be without any rights.

With the High Court ruling against it in the turf battle with Delhi Lt Governor, AAP government today said it will challenge the order in the Supreme Court and questioned why the Constitution was amended to have a legislative assembly if the city was to be run by the LG.

“We respectfully disagree with the High Court verdict,” Deputy Chief Minister Manish Sisodia said, adding there was a “big difference” between any other Union Territory and the national capital and alleged that on the “pretext of rules”, various decisions aimed at curbing corruption have been stalled.

“The High Court says Delhi is merely an Union Territory.

If as per Constitution Delhi is only an UT, then why was it amended to make Delhi an UT with legislature.

“If Delhi was to be run by the Lt Governor, then why was the Constitution amended to have state assembly. Why provision was made to have an elected government. We were targeted as we tried to rid the city of corruption,” he said addressing a press conference after the High Court today ruled that Governor is the administrative head of Delhi and that the national capital remains a Union Territory.

Delhi Home Minister Satyendar Jain said city government will move the Supreme Court against the HC verdict.

“Several acts of the Parliament relating to Delhi have defined both the Lt Governor and the Government of NCT as different entities. So, if Constitution had considered Delhi a mere UT, the city would have functioned like Chandigarh, Lakshadweep and Andamans. But it is not so,” he said.

Sisodia said people of Delhi had brought AAP to power with a historic mandate hoping that that corruption will “end” in all spheres of governance and when AAP started to fulfil people’s aspirations, the efforts to curtail “rights of a democratically elected government” had started.

“When we started fixing the issue of corruption, caught corrupt policemen, the crisis began there. They felt if the government continues to work like this, the business of transfer-postings will shut down and corruption will end. They could not digest it and started curtailing rights of a democratically elected government.

“The Anti-Corruption Branch was part of Delhi Government since 1993. But the day the ACB caught a policeman accepting bribe, it was brought under the Centre. The services department too was taken away from Delhi Government,” Sisodia said.

Targeting Jung, Sisodia said Kejriwal government was consistently prevented by the LG and Centre from taking any action against corruption since it was formed.

“They wanted a government in Delhi which cannot take action in cases of corruption, compensate farmers, transfer officials.

“This decision of the High Court should be seen in this background. The government had approached the court after it was stopped from doing all these works,” he said

A Delhi government spokesperson said that the verdict showed it has “undermined powers of council of ministers mentioned in the Constitution”.

Aam Aadmi Party (AAP) leader Raghav Chadha said “a democratically elected government cannot be undermined. This isn’t a fight for supremacy, but democracy”.

A bench of Chief Justice G Rohini and Justice Jayant Nath dismissed AAP Government’s plea challenging the Centre’s May 21, 2015, notification giving absolute powers to LG in appointing bureaucrats in the national capital.

The court also quashed several notifications issued by Kejriwal after returning to power last year, saying they were illegal as they were issued without concurrence of LG.

4 COMMENTS

  1. THE HIGH COURT SEEMS TO HAVE NOT APPLIED IT’S MIND TO THE PURPOSE OF ELECTIONS BEING HELD FOR CONSTITUTION OF AN ASSEMBLY OF ELECTED REPRESENTATIVES OF THE PEOPLE. ALL IT’S JUDGEMENTS READ OUT POINT TO TOTAL IMLPOTENCY & REDUNDANCY OF THE CONSTITUTIONAL PROVISION OF GOVT APPOINTMENT IN COMMON ELECTORAL PROCESS………………………………………………… WHY HAS THE COURT NOT MADE A CATEGORICAL JUDGEMENT ANNOUNCEMENT THAT THE GOVT OF DELHI IS IMPOTENT THUS NULL & VOID – IN L.G. LANGUAGE.
    THE JUDGE HAS MADE A MOCKERY OF CONSTITUTIONAL DECREE OF AUTHORIZING ELECTIONS AND FORMATION OF GOVERNMENT WITH LEGISLATIVE POWERS & WHILE LG PLAYED THE ROLE OF NORMAL GOVERNOR WITH SOLE ROLE OF CONSTITUTIONAL VALIDATION OF LEGISLATIVE DECISIONS, WHICH IF CONTESTED BY C, OF GOVT. WOULD BE ADJUDICATED BY THE PRESIDENT OF INDIA WITH CONSTITUTIONAL ADVISE.
    THIS IS SHEER NONSENSE.

  2. Judges go only by what is written in the law book, para so-and-so. S.C. called CBI caged parrot which repeats what it has been taught by the master. Judiciary should see themselves with the same mirror. They don’t go by the spirit of the constitution which is essentially Welfare of the State. Corruption, which is the single biggest hurdle in doing acts of welfare for the people, has been legitimised.

  3. Both d judge r relative of BJP leaders therefore d d judgement is on expected line.Judge had to save Sheila,mukesh ambani and so many corrupt.judisery is d most corrupt institution as on today.

  4. it is the basic question arising that ,who is supreme according to our constitution, the people of this country or a mare bureaucrat if LG is supreme why an elected gov installed ,the cm and council of ministers installed. i believe, arvind kejriwal can make a permanent solution to this, through the apex court .

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