SC refers dispute over control of services to five-judge bench

Says all other issues had been ‘elaborately dealt with’ in 2018 and they will not be revisited

NEW DELHI: The Supreme Court Friday referred to a fivejudge Constitution bench on the vexatious legal issue concerning the scope of legislative and executive powers of the Centre and NCT Delhi over control of services in the national capital for an authoritative pronouncement.

In a relief to the Centre, which has been seeking the issue of control of services in Delhi to a larger bench, a bench comprising Chief Justice N V Ramana and Justices Surya Kant and Hima Kohli said the limited issue of control over services was not dealt by the Constitution bench which elaborately dealt with’’ all the legal questions.

The limited issue that has been referred to this Bench, relates to the scope of legislative and executive powers of the Centre and NCT Delhi with respect to the term services’. The Constitution Bench of this Court, while interpreting Article 239AA(3)(a) of the Constitution, did not find any occasion to specifically interpret the impact of the wordings of the same with respect to Entry 41 in the State List.

We, therefore, deem it appropriate to refer to the above-limited question, for an authoritative pronouncement by a Constitution Bench..., it said.

Sub Article 3 (a) of 239AA (which deals with the status and power of Delhi in the constitution, deals with the lawmaking power of the Delhi Legislative Assembly on the matters enumerated in the State List or the Concurrent List.

We are listing it on Wednesday. Please, do not ask for any adjournment (on May 11), the CJI said.

Dealing with the plea of the Centre, the CJI, writing the order for the bench, said, the main bone of contention relates to the interpretation of the phrases: in so far as any such matter is applicable to

Union Territories and Subject to the provisions of this Constitution as contained in Article 239AA(3)(a) of the Constitution.

The order directed the apex court registry to place the papers of the present appeal as well as the connected writ petition before the CJI on the administrative side for constituting a Bench of five judges.

The bench had reserved its order on April 28 on the Centre’s submission that the dispute over the control over services be referred to a fivejudge bench, a plea which was strongly opposed by the AAPled Delhi government.

While reserving the order, the bench had said in the case, that it decides to constitute a five-judge bench to hear the issue then the hearing has to be concluded before May 15 so that the vacation time can be used for preparing the judgement.

Senior advocate A M Singhvi had said This court is not here to refer every time the slightest thing is pointed out. How does this matter, if there were three or five judges. It is not about why not, it is about why.

The solicitor general had said the matter needed to be sent to a Constitution bench on grounds including that the earlier judgements of the five-judge bench did not give any roadmap to decide as to whether the union or the Delhi government will have the competence to deal with the subject under dispute.

The order directed the apex court registry to place the papers of the present appeal as well as the connected writ petition before the CJI on the administrative side for constituting a Bench of five judges

The FIR was lodged at police station Azem Nagar in Rampur under the IPC and the Prevention of Damage to Public Property Act.

It was alleged in the FIR that during partition one Imamuddin Qureshi went to Pakistan and his land was recorded as enemy property, but Khan in collusion with others grabbed the 13.842-hectare plot.

Earlier, the apex court in February had refused interim bail to Khan for campaigning in the Uttar Pradesh elections and asked him to approach the court concerned for expeditious disposal.

The plea filed by Khan had contended that the State has adopted all means available to purposefully delay the proceedings so as to ensure that he is incarcerated during the recently held Uttar Pradesh Assembly elections.

Khan is presently lodged in Sitapur jail in connection with a number of cases, including that of land grabbing, lodged against him in Rampur.