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It’s advantage Jung – for now

In a year-long battle between the Lieutenant Governor (LG) Najeeb Jung and the Aam Aadmi Party-led (AAP) Delhi government, it is advantage LG, at least until August 29. The Supreme Court (SC) today adjourned the hearing of a suit filed by AAP government, asking its counsels to first file a Special Leave Petition (SLP) against the Delhi High Court’s verdict pronounced yesterday.

The AAP government had asked the apex court to bring clarity to Delhi’s relationship with the Centre. A bench comprising Justices AK Sikri and NV Ramana said, “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 AAP government is likely to file an SLP “within the week”, and has asked the apex court to club it with the suit. The SC said that it will set aside Delhi HC’s judgement if it is found wrong.

The Delhi High Court on Thursday declared the LG as the administrative head of the National Capital Territory (NCT) of Delhi. The court also termed as illegal several commissions of enquiry appointed by the Delhi government without the LG’s approval, including those set up to check irregularities in issuing of CNG fitness certificates, and Delhi & District Cricket Association (DDCA).

The HC also quashed nine pleas of the AAP government, including one over the control of Anti-Corruption Branch (ACB). While upholding the Centre’s notification that the ACB cannot take action related to employees of the Central government, the court said the appointment of nominee directors in three private power discoms in Delhi was ‘illegal.’

The importance of the verdict can be gauged from the fact that barely hours after the judgement, Jung called his first press conference since Arvind Kejriwal took charge as Delhi Chief Minister (CM) last year.

“Arvind Kejriwal and Najeeb Jung don’t exist,” replied Jung when being asked who stands at an advantageous position in the ongoing tussle between the LG and the CM, even as he termed the HC judgement ‘historic’.

Meanwhile, Delhi Deputy CM Manish Sisodia dubbed the stand-off as a battle between those elected by ‘we the people’ and those ‘selected’ by the Centre.

Crucially, DANICS (Delhi, Andaman and Nicobar Island Civil Service) officers will be answerable to the LG until the next SC hearing. The Delhi government had earlier asked its officers not send to files to the LG.

What started as a turf war with the Centre over MK Meena’s appointment as the ACB chief in June last year has snowballed into an existential question for the Delhi government. All eyes are now on the apex court, which will decide on August 29 whether AAP can heave a sigh of relief.