Even if interim, the interim order of
the Delhi High Court has come as another jolt of the day for the Aam Aadmi
Party.
Even if its leaders may take respite
in the fact that the matter is sub-judice in Supreme Court and High Court and
may chose to react accordingly (trying to look unfazed by the developments of
the day), the reality of the day clearly goes against them.
Even if they shield behind the logic
of the notice given by the HC to the Centre on Ministry of Home Affairs’
notification of May 21 that backs the lieutenant-governor on bureaucratic
appointments and prevents the Anti-corruption Bureau (ACB) of Delhi from taking
cognizance of the offences committed by the Central Government employees, they
will find the day’s developments hard to reconcile with.
Even if they say the orders are just
the beginning and the SC has asked the AAP government to file its reply in
three weeks on the Centre questioning the Delhi HC order on ACB jurisdiction
and it will present its viewpoint on the court, an anti-AAP message has gone.
May 29, 2015 is a day when the AAP
had to face two jolts, two negative developments, a day after the special
session of Delhi assembly where the Central Government and the L-G had been lambasted,
where anti-notification and anti-Union government resolutions were passed and
where Arvind Kejriwal had openly challenged the Centre on interfering in Delhi
through ‘such’ notifications.
First, the SC issued notice to the
AAP government on the Centre’s plea about ACB jurisdiction saying the Delhi
HC’s observation about the notification was not ‘binding’. Then there came the
double whammy with the Delhi HC’s interim order which said the L-G was the constitutional
head of Delhi and his orders were binding on the Delhi Government – till its conclusive
orders.
It even didn’t pass any order on the
Delhi Government’s proposal. The proposal said the government would send its
decisions to the L-G for review and in case of any disagreement between the L-G
and the Delhi council of ministers, the President’s words will be final. The HC
passed the proposal to the L-G but refused to set any deadline.
After today’s developments, the AAP
government has three weeks to explain in the SC that why the MHA notification
violates the constitutional provisions and the laws governing Delhi vis-à-vis ACB’s
jurisdiction.
And the Centre has six weeks to file
an affidavit in the Delhi HC on its notification and how the transfers and
postings were done in previous governments in Delhi.
Till the time an order comes, Najeeb
Jung is the constitutional head of Delhi and will prevail in matters of bureaucratic
appointments including the latest order by Arvind Kejriwal transferring nine bureaucrats
where he did not consult the L-G.
