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Supreme Court stays Delhi HC observation on ACB jurisdiction over Delhi Govt. Central Officers

Gaurav Pathak
29 May 2015 5:40 PM GMT
Supreme Court stays Delhi HC observation on ACB jurisdiction over Delhi Govt. Central Officers
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The Supreme Court today stayed the observation of Delhi High Court regarding jurisdiction of Delhi’s Anti-Corruption over Delhi Police and Central Government officers. The Apex Court also issued notice to the Delhi Govt. and others in this regard.

The Bench headed by Justice A K Sikri asked the Delhi High Court to not consider the observations made in the May 25 order wherein the Single judge of the High Court had criticized the Ministry of Home Affairs notification regarding delegation on powers. The Apex Court asked the High Court to hear the writ filed against Ministry of Home Affairs on merits.

The writ in question has been filed with a prayer seeking quashing of Ministry of Home Affairs notifications dated July 2014 an on May 21 2015 regarding delegation of powers in Delhi.

As the Counsel for Delhi Govt. argued against staying of the High Court observations, the Supreme Court said, “You can’t have it both ways. Either you tell us you won’t rely on these observations in your writ petition or we will pass an order. These are important issues and can’t be wished away just like that.”

Whereas, the Centre had submitted that, “The impugned order is liable to be set aside on the ground to failure to comply with the fundamental norms of natural justice; the right to be heard.”

In its plea before the Apex Court, the Centre had questioned the bail order passed on May 25 by the High Court wherein the High Court had denied bail to a Delhi Police constable arrested on the charges of bribery by Delhi’s Anti-Corruption Bureau.  Rejecting the bail, the High Court had observed that Centre lacks executive power to issue notifications to restrict the authority of the Government of National Capital Territory of Delhi to act through ACB against central government employees.

Thereafter, the Centre had approached the Supreme Court and had filed a SLP, to which the Apex Court issued notice and stayed the certain aspects of High Court order.

You may also read Centre files SLP against Delhi HC order which ruled that Anti-Corruption Bureau of Delhi has jurisdiction to entertain and act on complaint against Delhi Police officer or official under Prevention of Corruption Act.

Read the order here.

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