1/9/2016

SC should decide on the issue of jurisdiction in Delhi - NEW DELHI - The Hindu

SC should decide on the issue of jurisdiction in Delhi

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With the Centre declaring the Commission of Inquiry set up by the AAP government to probe the alleged irregularities in the DDCA as null and
void, legal experts feel that the issue of jurisdiction of the Delhi government should be decided by the highest court of the country.
The sooner it is done, the better will it be for the people of the Capital, former Lok Sabha Secretary-General P.D.T. Achary told The Hindu on
Friday. He said the irreconcilable differences between the Central and Delhi governments were affecting governance in the Capital, with
confusion prevailing about almost every major decision.
Mr. Achary said that since the Delhi government was not able to exercise the powers conferred on it by the Constitution, it would be better if the
issue of jurisdiction is settled by the Supreme Court. Until that happens, the two governments will continue to be at each others throat, he said.
Despite the Union Home Ministrys order terming the Commission of Inquiry as unconstitutional and illegal, Chief Minister Arvind Kejriwal has
said the Commission will go ahead with the probe. He said the Commission had been appointed in accordance with law and asked the Union
government to approach the judiciary if it was aggrieved.
Supreme Courts advocate-on-record T.L. Garg said the Centres decision in such matters was final and binding, unless proved to be based on
wrong understanding of law. He said the Ministry of Home Affairs should approach the appropriate judicial forum to get the issue settled, which
would also remove confusion about the respective powers of the two governments.
The AAP government has been at loggerheads with the Centre from Day 1. This state of affairs will continue for the next four years. Such a
dispute must come to an end in the interest of governance of Delhi, said Mr. Garg.
After the Delhi government appointed the panel under the Commissions of Inquiry Act, 1952, through a notification on December 22, former
Solicitor-General Gopal Subramanium, who heads the Commission, had stated that its terms of reference had set out to obtain a level of fairness
and objectivity in the inquiry.
When The Hindu tried to contact Mr. Subramanium on Friday, his personal staff said he was away in Mumbai.
The tussle between the Central and Delhi governments over jurisdiction and bureaucratic appointments has already been taken to the Delhi High
Court, where a number of cases have been filed after the Home Ministrys notification of May 21 last year gave absolute powers to the LieutenantGovernor for appointing bureaucrats in the Capital.

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1/9/2016

SC should decide on the issue of jurisdiction in Delhi - NEW DELHI - The Hindu

The matters pending in the High Court include those of the appointment of the chief of the Anti-Corruption Branch, AAPs case against Reliance
India Limited, appointment of power discom directors, Commission of Inquiry on CNG fitness scam and the increase in circle rates.

http://www.thehindu.com/todays-paper/tp-national/tp-newdelhi/sc-should-decide-on-the-issue-of-jurisdiction-in-delhi/article8084174.ece

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