In judgment, Delhi govt gets small victories

All this is nothing. The larger issue that comes out from today’s verdict is that a chief minister now cannot even appoint his peon.

ARVIND KEJRIWAL, chief minister

NEWDELHI: The Aam Aadmi Party (AAP) on Thursday may have been disappointed as the Supreme Court ruled largely in favour of the Centre but the judgment had small victories for the Arvind Kejriwal-led government in Delhi too.

From having more say in coordinating with the city’s electricity regulator to gaining independence in revising circle rates of agricultural land and appointing special public prosecutors, the SC verdict had three decisions in favour of the Delhi government.

When this reporter asked chief minister Arvind Kejriwal about these aspects of the judgment, he termed them as “minor things”. “All this is nothing. The larger issue that comes out from today’s verdict is that a CM now cannot even appoint his peon,” he said.

ELECTRICITY

In June 2015, the Delhi government had directed the Delhi Electricity Regulatory Commission (DERC) to penalise discoms and compensate consumers for unscheduled power cuts. The regulator in May 2016, in turn, ordered discoms to compensate consumers up to ₹100 per hour for unscheduled outages extend- ing up to two hours. The policy was not implemented as a gazette notification was awaited.

In August 2016, the regulation was declared null and void after the Delhi High Court struck down the government’s proposal for not having the lieutenantgovernor’s (L-G) approval.

But the SC on Thursday said the Delhi government had the authority to send policy directions under section 108 of the Electricity Act, 2003. As of now, the compensation scheme is in place after being notified by the DERC.

The court also upheld the government’s decision to appoint its nominated persons to the board of directors of power distribution companies. This was also previously struck down by the L-G for not having his approval.

CIRCLE RATES

The Delhi government will now be able to revise circle rates for agricultural land. Earlier, this power was with the L-G. The last time the government tried to revise the charges was in August 2016 when it increased the circle rates of agricultural land from ₹53 lakh per acre to the range of ₹1 crore to ₹3.5 crore per acre. But this was stayed by the L-G, following which the government formed a committee to rationalise and review discrepancies in the rates.

SPECIAL PUBLIC PROSECUTORS

The top court on Thursday said the Delhi government had the right to appoint public prosecutors, adding the L-G should act on the aid and advice of the council of ministers.

The Delhi government said the SC’S verdict “merely reinstated” what was ruled by the high court in its August 2016 order, when it had called the L-G Delhi’s administrator. “The government has been exercising this right since the past two years,” an official of the home department said.

A special public prosecutor (SPP) is appointed as per provisions of Section 24(8) of the Code of Criminal Procedure (CRPC), which confers this power on both the Centre and the state government.

The issue dates to September 2015 when the L-G and the Delhi government had appointed their own SPPS in the trial related to the FIR registered in the CNG fitness test ‘scam’.

The special court hearing the case, however, refused to accept Delhi government’s SPP, claiming the L-G was the competent authority to appoint the prosecutor.

On September 24, the high court issued a stay on the trial.