Delhi HC backs Kejriwal, court rules elected govt supreme

Delhi Chief Minister Arvind Kejriwal got a huge boost on Monday in his fight with Lieutenant Governor Najeeb Jung.

Dealing a huge blow to the Central government, the Delhi High Court on Monday elaborated on the powers of the Delhi government and the Lieutenant Governor while ruling on a Delhi policeman challenging the action of the Anti-Corruption Bureau against him.

The court also said the ACB can act against Delhi Police personnel accused of being involved in corruption cases. The court also denied bail to Delhi Police Head Constable Anil Kumar in a corruption case.

"The NCT of Delhi shall not be administered by the President through the Lieutenant Governor, in respect of matters over which the Legislative Assembly of the NCT has authority to make law. The mandate of the people, with whom the sovereign power resides, must be respected by the Lieutenant Governor," the judgement said.

A bench of Justice Vipin Sanghi disallowed Anil Kumar's bail application saying that the ACB of the Government of National Capital Territory Delhi (GNCTD) does not have the competence or jurisdiction to act on the complaint of the complainant is rejected.

"Since the applicant is a Delhi Police personnel serving the citizens in the NCTD and the functions of the Delhi Police personnel substantially and essentially relate to the affairs of the GNCTD, in my view, the ACB of the GNCTD has the jurisdiction to entertain and act on a complaint under the PC Act in respect of a Delhi Police officer or official, and to investigate and prosecute the crime," the judge said.

The High Court order comes as a short in the arm for Delhi Chief Minister Arvind Kejriwal who is involved in a battle with Jung over the powers of the state government.

Earlier on May 14, the high court had pulled up the Delhi police for questioning the jurisdiction of ACB in arresting Kumar.

Delhi Police Head Constable Anil Kumar was arrested in Northeast Delhi's Sonia Vihar area following a complaint by a scrap dealer on the anti-corruption helpline 1033. The scrap dealer accused Kumar of trying to extort Rs 20,000 from him and threatening to implicate him in false cases.