Tuesday February 20, 2018
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Delhi HC refuses to suspend home ministry order on ACB

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New Delhi: The Delhi High Court on Wednesday declined to put on hold the union home ministry’s May 21 notification that barred the Delhi government’s Anti-Corruption Branch (ACB) from acting against the central government officers for criminal offences.

A division bench of Justice S. Murlidhar and Justice I.S. Mehta refused to suspend the notification, saying a similar matter is pending before another bench and tagged it with that public interest litigation (PIL).

“Vacation bench cannot stay the notification, same PIL has already been pending before another bench. Let that bench hear it,” the court said.

The PIL filed by practising advocates R.S. Raju and V. Sudheer challenged the May 21 notification according to which the Delhi Lt. Governor holds discretionary powers for appointments and transfers to key bureaucratic posts in the capital.

The plea challenged the “constitutional validity” of May 21 notification, saying that the notification issued by the Centre was “ultra vires” of constitutional provisions, that is Article 239 AA (4), and that it does not have the jurisdiction over matters connected with services of bureaucrats in the national capital.

The notification, by removing “services” from the state list, amounts to amending the constitution, without actually complying with the detailed procedure laid down for the process under Article 368, itarvind said.

Earlier, the Delhi government filed a plea and challenged the notification, which the court refused to put on hold.

A PIL was also filed by a law student on which the court refused to pass any order and posted it for August 5.

The power tussle between Delhi Chief Minister Arvind Kejriwal and Lt. Governor Najeeb Jung is rooted in the city’s unique position as a union territory functioning as the capital, with the city government having no say over several important departments and agencies that function under the Lt. Governor, who reports to the central government. (IANS)

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  • Dr. Kallol Guha

    What happens to the inner fabric of a nation where so called “free” media uses their marketing skills to hide diabolical acts of LG who under the order of central Government makes it impossible for the elected representatives of an overwhelmingly popular Government to perform development program for AAM AADMI. These media and their masters are the modern day MIRZAFAR. People of Delhi better wake up and learn to recognize who is there to protect their interest?

  • Dr. Kallol Guha

    What happens to the inner fabric of a nation where so called “free” media uses their marketing skills to hide diabolical acts of LG who under the order of central Government makes it impossible for the elected representatives of an overwhelmingly popular Government to perform development program for AAM AADMI. These media and their masters are the modern day MIRZAFAR. People of Delhi better wake up and learn to recognize who is there to protect their interest?

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President Kovind approves recommendation to disqualify 20 AAP MLAs

In a quick follow to EC's recommendation to disqualify 20 AAP MLAs, President Ram Nath Kovind has approved the disqualification

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Iranian President Hassan Rouhani has already talked to the Indian
Iranian President Hassan Rouhani has already talked to the Indian President Ram Nath Kovind. Wikimedia Commons
  • President Kovind approved the EC’s recommendation to disqualify 20 AAP MLAs
  • EC had recommended the disqualification on the charges of holding ‘Office of Profit’
  • Union Law and Justice Ministry has issued a notification regarding the disqualification

President Ram Nath Kovind has approved the Election Commission’s recommendation to disqualify 20 Aam Aadmi Party (AAP) MLAs in Delhi on charges of holding Office of Profit, an official spokesman of the Rashtrapathi Bhavan said on Sunday.

Following the approval, the Union Law and Justice Ministry issued a notification saying that the President has held that the 20 members of Delhi Legislative Assembly stand disqualified under 15 (1) (a) of the Government of National Capital Territory of Delhi (GNCTD) act.

ALSO READ: EC recommends disqualification of 20 AAP MLAs

These 20 MLAs are Alka Lamba, Adarsh Shastri, Sanjeev Jha, Rajesh Gupta, Kailash Gehlot, Vijendra Garg, Praveen Kumar, Sharad Kumar, Madan Lal Khufiya, Shiv Charan Goyal, Sarita Singh, Naresh Yadav, Rajesh Rishi, Anil Kumar, Som Dutt, Avtar Singh, Sukhvir Singh Dala, Manoj Kumar, Nitin Tyagi and Jarnail Singh.

Disqualification of 20 AAP MLAs comes as a big blow for Arvind Kejriwal. Wikimedia commons
Disqualification of 20 AAP MLAs comes as a big blow for Arvind Kejriwal. Wikimedia commons

The Election Commission on Friday recommended disqualification of 20 AAP MLAs for holding office of profit as Parliamentary Secretaries.

It gave its opinion to the President on a complaint by advocate Prashant Patel, a member of the Hindu Legal Cell, in June 2015, who petitioned then President Pranab Mukherjee alleging illegality in the appointment of Parliamentary Secretaries.

ALSO READ: Can India achieve good governance without intra-party democracy?

The application by Patel said 21 AAP MLAs, including Jarnail Singh (Rajouri Garden) who resigned to contest the Punjab Assembly polls last year, were appointed Parliamentary Secretaries to Ministers in the Delhi government in violation of the Constitution. (IANS)

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