Delhi-Centre tussle: SC to hear AAP govt’s plea to restrain HC

New Delhi, July 1: The Supreme Court on Friday agreed to hear on Monday the plea of AAP government in Delhi seeking a direction that the High Court be restrained from delivering its judgement on issues including the scope of power soft he city government to exercise its authority in performing public functions.

A bench headed by chief justice TS Th akurw ill heart he appeal of Delhi government in which it has been claimed that only the apex court has jurisdiction under the Constitution to deal with issues relating to the powers of States and Centre.

Senior advocate In dir aJai sing, appearing forth eArvindKejriwal-led government, mentioned the matter for urgent hearing before the bench that also comprised Justice sAM Khanw ilka rand DY Chandrachud. “No judgement be allowed to be delivered without decision on the jurisdiction of the Delhi High Court with regard to the dispute in question," the senior lawyer said.

She further said that the dispute is centered around the powers of Government of National Capital Territory of Delhi (GNCTD) under Article 239A of the Constitution.

It has been alleged by the AAP government that it is unable to function as most of its decisions are either annulled or changed by Centre at the behest of Lieutenant Governor(LG) Naje eb Jung on the ground that Delhi is not a complete state.

At the out set, the bench was not inclined to accord an urgent hearing saying, “let the Delhi HC come out with its judgement and you (Delhi govt) are free to raise all the issues before this court.”

“The pendency of this SLP will not come in the way of the Delhi High Court in delivering the judgement.Wew ill examine the issue as and when it comes before us,” the bench observed. However, the apex court later agreed to hear the plea of Delhi government on Monday.

The Delhi government, in its appeal,has alleged that its power to do public services in the state has been adversely affected. It also raised a question as to whether the Union of India can take overall power soft he stategovernment. PTI