Trajectory of the tussle
THE origins of the standoff between the Arvind Kejriwal-led Aam Aadmi Party (AAP) government in Delhi and the Centre can be traced to 2014, when the United Progressive Alliance (UPA) was in power. It was Kejriwal’s first term in office and he was running a minority government with the Congress supporting it from outside out of political compulsions, when a first information report (FIR) was lodged against Reliance Industries Ltd’s (RIL) Mukesh Ambani and then Union Ministers M. Veerappa Moily and Murli Deora accusing them of “fixing” gas prices. The FIR was filed by the Delhi government’s Anti-corruption Branch (ACB), which owes its existence to a notification issued by the Centre in 1993. The Centre challenged the FIR in the Delhi High Court on the grounds that the ACB had no jurisdiction to probe Union Ministers.
Shortly after the Narendra Modi-led National Democratic Alliance (NDA) came to power, the Centre issued a notification taking away the Delhi government’s jurisdiction to investigate Central government employees. This was a serious setback to the AAP government’s FIR against RIL and the Union Ministers too.
Meanwhile, in the Assembly elections held in February 2015, the AAP returned to power in Delhi with a thumping majority, bagging 67 of the 70 seats.
On May 25, 2015, Justice Vipin Sanghi of the Delhi High Court observed that the Centre’s May 21, 2015, notification barring the ACB from acting against its officers in criminal offences was “suspect”. The High Court held that the Lieutenant Governor (L.G.) was
CHIEF MINISTER
bound by the aid and advice of the Council of Ministers, who are directly elected by the citizens of Delhi. The High Court observed that the mandate of the people must be respected by the L.G. if there was no other constitutional or legal fetter. This was a precursor to the July 4, 2018, judgment. The High Court intervened while dismissing the bail application of a head constable arrested by the ACB in a corruption case.
The May 21, 2015, notification amended a notification issued by the Centre on November 8, 1993, so as to deny the ACB police station any power to take cognisance of the charges made against officers, employees and functionaries of the Central government. The May 21, 2015, notification still stands and has not been set aside by the Supreme Court or withdrawn by the Centre in the wake of the recent judgment.
Justice Sanghi held that the Centre lacked the exec-