High Court rules against Home ministry’s notification, says Delhi’s Anti-Corruption Branch can probe Delhi Police

NEW DELHI: The Delhi HC has ruled against the Union home ministry’s August 2014 notification, which prevented Delhi’s Anti-Corruption Branch from probing government employees.

Monday’s verdict has tilted the scales in favour of the AAP-ruled Delhi government in its tussle with the BJP-ruled Centre on its powers and jurisdiction. Strikingly, the court also termed the Centre’s recent notification in favour of Delhi LG as "suspect." An ecstatic Kejriwal took quickly to social media. "Today’s judgement a huge embarrassment for central govt," he tweeted.

Union home ministry officials said they were studying the order. MHA is likely to approach the SC against the verdict. In its strongly worded judgement on a bail application for Delhi Police Head Constable Anil Kumar — who was arrested for allegedly extorting money from a scrap dealer — the HC said Delhi ACB had the jurisdiction to act against Delhi Police personnel and the Centre’s notification was legally unsustainable.

"By any executive fiat, the Union government could not have exercised the executive power in respect of a matter falling within the legislative competence of the legislative assembly of the NCT, since the law made by Parliament, namely the GNCTD Act read with Article 239AA, put fetters on the executive authority of the President," the judgement said.

Home Ministry’s August 2014 notification had said the Delhi ACB could act only against Delhi government employees. Delhi Police had used this in its attempt to shield its employee from ACB-directed investigation, as the Delhi Police reports to the Union home ministry.

The HC criticised last week’s notification too which reiterated the Union government stand on ACB. Quoting the notification’s relevant parts, the court said, "in my view, since the Union lacks the executive authority to act in respect of matters dealt with in entries 1 2 of List III of the Seventh Schedule, the further executive fiat issued by the Union government on 21.05.2015 is also suspect".