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For Arvind Kejriwal, Bad News From Court In Case About Who Is Delhi Boss

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For Arvind Kejriwal, Bad News From Court In Case About Who Is Delhi Boss


In Arvind Kejriwal vs centre, High Court ruled that Delhi is in the charge of Lieutenant Governor.
Arvind Kejriwal's claims to what powers he is entitled to as Chief Minister of Delhi have been shot down today in court.

Delhi, as a union territory, is mainly in the charge of the Lieutenant Governor, Najeeb Jung, who functions as the centre's representative in the capital, said the Delhi High Court today.

Today's verdict drives home that "we are not rulers of this country...and should confine ourselves to our roles and jobs," said Mr Jung, who has repeatedly cancelled decisions and appointments made by Mr Kejriwal without consulting him.Mr Kejriwal, 47, is on avipassana or meditation course in the hill station of Dharamsala. "I hope the Delhi government now gives up its confrontational attitude towards the centre," said senior union minister Venkaiah Naidu. Rendering that faulty logic, the Delhi government says it will challenge today's verdict in the Supreme Court. Before embarking on his time out, Mr Kejriwal, who heads the Aam Aadmi Party or AAP, released a video on YouTube in which he claimed that Prime Minister Narendra Modi "could have me eliminated," substantively placing at rock bottom his relations with the PM, whom he proclaimed in Decembe as "a coward and psychopath" Mr Kejriwal won Delhi with a stunning record in the last state election, but his government has functioned in a continuum of hostility with the centre, which is mandated to run large parts of Delhi including its police force.The Chief Minister says that the PM, rejected by the people of Delhi who did not vote for him, seeks back-door control of the capital largely through the office of Lieutenant Governor Najeeb Jung, who makes decisions that are beyond his purview. A major confrontation point erupted last year after the centre said Mr Kejriwal could not launch corruption inquiries against officers of the central government. The Delhi High Court has agreed with the union government's assessment.The Lieutenant Governor has also repeatedly nullified announcements and appointments made by Mr Kejriwal for which the court today said the Lieutenant Governor is not obliged to act on the advice of the cabinet in taking important decisions. It also found that Mr Kejriwal was not within his rights to order an investigation into alleged corruption in the main cricket administration body of Delhi, which for years was headed by Finance Minister Arun Jaitley. The judges also struck down a similar inquiry launched by Mr Kejriwal's government about a contract related to public buses.
AK is now rushing to Supreme Court to get a reprieve from the setback! I guess SC will quash his request!
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AK is now rushing to Supreme Court to get a reprieve from the setback! I guess SC will quash his request!

Does he have the option of approaching the UN in case he does't get the desired verdict from S.C as well? LOL
AK is now rushing to Supreme Court to get a reprieve from the setback! I guess SC will quash his request!

Sickular Fiberal English Media is not calling any experts in their talk shows to discuss the Delhi HC judgement. So it appears that your guess is correct that AK is on a very weak wicket.
[h=1]File appeal against Delhi HC verdict, then we will hear you, SC tells AAP govt.[/h]

[h=2]On Thursday, HC held that Lt. Governor is the administrative head of Delhi.[/h]
"Why hear your suit for a declaration of Delhi as a full State when the Delhi High Court has already declared it a Union Territory, better challenge the High Court verdict in the Supreme Court first," the apex court told the Arvind Kejriwal government on Friday.
Frowning on the multiple litigations indulged by the Delhi government, a Bench of Justices A.K. Sikri and N.V. Ramana refused to consider the suit filed by it for the time being.
Instead, the apex court said it preferred to wait and see if the Delhi government would file its appeal against Thursday's judgment of the High Court.
“Please record that our special leave petition against the Delhi High Court will be filed this week itself. You can record it,” senior advocate Indira Jaising, appearing for the Delhi government, assured the Bench.
“We don't have to record anything. It is your choice to file,” Justice Sikri responded.
In the course of the hearing, the Bench perused the suit records and asked Ms. Jaising how many of the issues have already been dealt with by the High Court verdict.
“You cannot shy away from challenging the High Court by coming to us with this suit. It will not lead you anywhere. The right course will be for you to challenge the HC judgment, and once we have decided that, this suit will have no relevance,” Justice Sikri observed.
Ms. Jaising said the primary question they want the apex court to answer is whether the dispute between AAP-Centre was a federal dispute coming under Article 131 of the Constitution.
“That question will be decided in the special leave petition... we will if necessary set aside the High Court judgment if it is found to be wrong... But you had approached the Supreme Court and also knocked on the doors of the High Court,” Justice Sikri countered.
When asked how much time they would take to file their special leave petition against the High Court judgment, Ms. Jaising replied that it would be filed within the week.
She urged the Bench to tag the suit along with the special leave petition, so that both could be heard together by this Bench.
Justice Sikri however remained non-committal, observing that the choice of Bench was always the prerogative of the Chief Justice of India, who would decide which Bench should hear what matter.
At this point, Attorney General Mukul Rohatgi, appearing for the Centre, questioned how the AAP government could have filed a suit in the Supreme Court simultaneously as they were pursuing a separate remedy under the writ jurisdiction of the Delhi High Court.
“Both cancel each other. It should be one or the other,” Mr. Rohatgi submitted.
“Yes, that point he made is a serious issue,” Justice Sikri reacted, addressing Ms. Jaising.
“The very fact that they want a declaration as a State shows that they are not a State,” Solicitor General Ranjit Kumar, also for the Centre, pitched in.
The court posted the matter for August 29.
The Delhi government, in its suit, wants the Supreme Court to declare the boundaries of the constitutional relationship between it and the Centre in administering the National Capital.
The suit alleged the Centre was encroaching Delhi government's administrative domain and the Supreme Court should now clearly define the powers of the Lieutenant Governor, who represents the Centre, so that none steps on the other's toes.
It highlighted issues like how the Delhi Police is run by the Centre unlike in other States.
Disputes have arisen over the last year on the question whether Delhi Government can act in relation to the other matters in List II (State List) without prior approval of the Administrator, that is the Lieutenant Governor.
It has argued as to how the government cannot even increase the salaries of its DANICS officers. The LG had previously declared such a hike as null and void.
The Anti-Corruption Branch, Delhi has been restrained from registering FIRs against employees of the Central government for corruption. Commissions of Enquiry set up under the Commissions of Enquiry Act, 1952 have also not been allowed to function on the ground that they have not been notified by the Lieutenant Governor, it said.
The High Court verdict has however quashed several of these notifications issued by the Delhi government without permission from the Lieutenant Governor.
It has further dismissed the Delhi government's claim that this is a 'federal dispute', saying the political wrangle between the Centre and AAP government is only a tussle over “services” issues which does not attract Article 131 of the Constitution.


AK is wasting time in quareling with centre....state can't survive with out central govt...
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