One more apex court judge recused from hearing the petition filed by the Kejriwal government against the Centre’s intervention. As a result, a bench of Justices Anil R. Dave and L.
One more apex court judge recused from hearing the petition filed by the Kejriwal government against the Centre’s intervention. As a result, a bench of Justices Anil R. Dave and L. Nageswara Rao asked CJI T.S. Thakur to post the matter before another bench.
The Kejriwal government, which is at loggerheads with the Centre on the jurisdiction of the Union government and the state government on various issues, including land and the police, had sought various reliefs, including the one to restrain Delhi high court from pronouncing verdict on a batch of petitions.
On Monday, Justice Khehar, heading a bench, had recused from hearing the case and it was listed for Tuesday before a bench headed by Justice Dave. Even as senior counsel Indira Jaising appearing for the Delhi government started making her submissions, Justice Rao recused from the case. Upon recommending for listing the case urgently, the CJI said it will be heard on the next working day.
The AAP government said that disputes have arisen between the state government and the Centre on various issues of the constitutional relationship and several notifications and orders passed by the government could not be given effect to. It is the stand of chief minister Arvind Kejriwal that the Delhi government is not a subordinate department of the ministry of home affairs and that it is answerable to the people of Delhi and the Delhi legislative Asse-mbly, and not to the MHA.
It said that the extensive litigation between NCT Delhi and Union of India makes it clear that the lieutenant-governor, as the delegate of the President, has assumed the right to act in relation to all matters, virtually taking away the executive and legislative powers of the democratically elected government of NCT of Delhi and undermining the concept of responsible government and self-rule.
