Delhi HC raps AAP, says LG is the administrative head of National Capital Territory

The Delhi High Court on Thursday said that the Lieutenant Governor is not bound by the council of ministers of the Arvind Kejriwal government.

However, the AAP government's counsel in High Court said they will immediately file an appeal against the verdict.

Even Delhi government Home and Health Minister Satyendar Jain said, "We will go to Supreme Court against this decision. We will have to see the judgement," Delhi government Home and Health Minister Satyendar Jain said.

Jain added, "Whatever be the decision, it will be taken by the constitutional bench of Supreme Court". 

The HC also held the AAP government's order of appointing a Commission of Inquiry in the CNG fitness scam and DDCA scam as illegal.

Article 239 continues to remain applicable and that makes Delhi a Union Territory, the High Court observed.

The court stated that appointment of bureaucrats falls outside the jurisdiction of Delhi Legislative Assembly and the LG exercising his powers is not unconstitutional.

With this the court also deemed the May 21, 2015, notification of Centre barring Anti-Corruption Bureau from proceeding against central government employees as neither illegal nor unsustainable.

A division bench of Chief Justice G.Rohini and Justice Jayant Nath ruled that Delhi government notifications must be issued after consulting the LG.

"Policy direction can't be issued without communicating the to Lt. Governor," the bench said.

The court said that it is constitutionally correct that Anti-Corruption Branch cannot initiate investigation against central government officials.

The court's judgement came on nine different petitions arising out of the spat between the LG and Delhi's Aam Aadmi Party government over the power to appoint bureaucrats in the national capital and other issues.

(Agency Inputs)