‘Paralysed’ in spite of apex court order, says Delhi govt

A CONSTITUTION BENCH HEADED BY CHIEF JUSTICE DIPAK MISRA HAD LAID DOWN PARAMETERS FOR GOVERNANCE OF THE NATIONAL CAPITAL

NEW DELHI: The Delhi government on Wednesday told the Supreme Court that its functioning was “paralysed” because it was unable to order the transfers or postings of bureaucrats despite a recent Constitution bench judgement that, it contended, had made it clear that the Lieutenant Governor (L-G) was bound by the aid and advice of the council of ministers, except in matters related to land, policing and public order.

Arguing before a bench of justices AK Sikri and Navin Sinha, senior advocate P Chidambaram , appearing for the Delhi government, submitted to the court that cases filed by the Delhi government pertaining to the scope of its powers and control of “services” needed to be heard urgently.

“What is the purpose of the (Constitution bench) judgment if we cannot function?” Chidambaram said

Senior advocate Indira Jaising, also appearing for the Delhi government, added, “Even today the officers are not willing to file affidavits in this court. The deputy CM had to sign the affidavit in this matter.”

The bench said it will hear the petition on July 26, although a new panel of lawyers for the L-G requested that the matter be taken up after two weeks.

Later in the day, Delhi’s deputy chief minister Manish Sisodia alleged that senior officials, prompted by the Centre, were “not complying” with the Delhi government’s orders despite the Supreme Court’s verdict.

“It is very clear that they have instructions from the Centre to stall projects of public welfare in Delhi. By doing this, through the IAS officers, the central government is not only killing the democratic federal structure of the country but is also defying and disregarding the orders of the apex court,” Sisodia said.

A five-judge Constitution bench headed by Chief Justice Dipak Misra had laid down parameters for the governance of the national Capital. However, it had left to a two-judge bench to decide on the validity of various notifications by the Union government, including one on the power to transfer and appoint bureaucrats.

While government said the apex court judgment reiterated the elected government’s control of the services department, the L-G’S office maintained that the issue was still pending.