Supreme Court permits AAP Government to withdraw federal suit

The Supreme Court on Friday allowed the Kejriwal government to withdraw its suit against the Centre raising federal disputes after it was pointed out that several issues raised in the suit had been adjudicated by the Delhi high court and only an appeal can be preferred.

A bench of Justices Ak Sikiri and DY Chandrachud, however, gave liberty to the National Capital Territory (NCT) to move the Supreme Court a fresh suit to be filed if a different cause of action arises. The AAP government had sought a declaration that the National Capital Region is a “state” and not a Union Territory and this was opposed by the Centre on the ground that a suit by a Union Territory is not at all maintainable.

Earlier, senior counsel Indira Jaising had informed the court that NCT had filed six appeals against the HC judgment which held that the lieutenant-governor continued to be the administrative head of the national capital and he was not bound by the aid and advice of the chief minister and his council of ministers. The best course would be to wait for the government to file appeal against the order and hear the suit and the SLP together.

In its appeals, NCT said that disputes have arisen in the past year on the question whether the Delhi government can act in relation to certain issues without prior approval of the administrator, i.e. the lieutenant-governor. Several of the orders of the Delhi government, for example, the increment in the salaries of Danics officers have been declared null and void by the lieutenant-governor on the ground that the Delhi government has no power to increase salaries of its staff. Commissions of enquiry set up under the Commissions of Enquiry Act, 1952, have also not been allowed to function on the ground that they have not been notified by the lieutenant-governor.