Supreme Court makes scathing observation for AAP government

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A day after Delhi High Court dealt a crushing blow to Arvind Kejriwal government on the administrative powers in the national capital, Supreme Court too made some scathing observation for AAP government on Friday.

On Friday the apex court told Kejriwal government, “Why hear your suit for a declaration of Delhi as a full State when the Delhi High Court has already declared it a Union Territory, better challenge the High Court verdict in the Supreme Court first.”

Bench of Justices A.K. Sikri and N.V. Ramana, according to a report in The Hindu, were visibly unhappy over Delhi government’s decision to submit multiple litigations. The bench refused to consider the suit filed by it for the time being.

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Instead, the apex court said it will see if Delhi government would file its appeal against Thursday’s judgment of the High Court.

Representing the Delhi government was senior advocate Indira Jaising. Tring to assure the bench, she said, “Please record that our special leave petition against the Delhi High Court will be filed this week itself. You can record it.”

“We don’t have to record anything. It is your choice to file,” Justice Sikri responded.

Justice Sikri added, “You cannot shy away from challenging the High Court by coming to us with this suit. It will not lead you anywhere. The right course will be for you to challenge the HC judgment, and once we have decided that, this suit will have no relevance.”

Jaising made a plea to the bench adding that the primary question the Delhi government wanted the apex court to answer was whether the dispute between AAP and the Centre’s BJP government was a federal dispute falling under Article 131 of the Constitution.

“That question will be decided in the special leave petition… we will if necessary set aside the High Court judgment if it is found to be wrong… But you had approached the Supreme Court and also knocked on the doors of the High Court,” Justice Sikri countered.

Jaising said that Delhi government will file special leave petition against the High Court judgment within the week.

She urged the Bench to tag the suit along with the special leave petition, so that both could be heard together by this Bench.

Attorney General Mukul Rohatgi, who was appearing for the Centre, questioned how the AAP government could have filed a suit in the Supreme Court simultaneously as they were pursuing a separate remedy under the writ jurisdiction of the Delhi High Court.

 

The court posted the matter for 29 August