SC to consider AAP's plea on scope of power

'Status can be decided exclusively by apex court'

The Supreme Court on Friday agreed to consider a plea for restraining the high court from delivering its judgment on scope of the Delhi government’s powers.

A three-judge bench presided over by Chief Justice T S Thakur posted the special leave petition filed by the AAP government for consideration on Monday.

Senior advocate Indira Jaising sought urgent listing of the matter relating to challenge the Delhi High Court’s order of May 24 wherein it had reserved its order on its plea for stay of the proceedings concerning the federal structure and extent of the Delhi government.

She contended that the high court should be restrained from delivering judgement without a decision on the jurisdiction of the Delhi high court with regard to dispute in question.

“If Delhi can be treated as state or not can exclusively be decided by the Supreme Court,” she submitted, referring to the original suit already filed by the Delhi government under Article 131 of the Constitution.

The counsel submitted that the dispute centered around the extent powers to be exercised by the government of national capital territory of Delhi under Article 239A of the Constitution. Delhi has seen an ongoing power tussle between Delhi government and the LG on various issues including the control over the anti-corruption branch and power to transfer or retain bureaucrats after the advent of the AAP government in the city.

The bench, also comprising Justices A M Khanwilkar and D Y Chandrachud, initially was reluctant to hear the matter on the urgent basis, saying the court will not restrain the high court from delivering its judgment. But the court finally put the petition for hearing on July 4.