The power tussle between the Delhi Government and Centre will be decided by the Delhi High Court. The Supreme Court on Friday refused to interfere with the issue on which the High Court is expected to pronounce a decision later this month.
Hearing a petition by the Kejriwal Government, the bench of Justices Dipak Misra and UU lalit pointed out that when the Delhi Government has filed a suit in the SC for declaring Delhi a State, it was an “anomaly” to have approached the Delhi HC simultaneously to decide on the aspect of jurisdiction of the Centre over Delhi. The Delhi Government in its petition had demanded that till such time the suit is heard by apex court, the HC must be restrained from passing any order. It further had submitted that if the special status given to Delhi makes it a ‘State’ any dispute between Centre and Delhi will be “federal” in nature, thus falling under the “exclusive” original jurisdiction of the SC.
Finding it strange how the Delhi Government had approached the apex court to restrain the passing of a judgment by the HC after approaching it in the first place, the Bench said, “We perceive a sense of anomaly. If you are convinced that the suit is maintainable in the SC, then why do you approach the HC under Article 226. You (Delhi) should have withdrawn the writ petition from the HC.”
Arguing for Delhi, senior advocate Indira Jaising submitted that due to this anomaly, the Delhi Government moved an application in the HC requesting the judge to first decide on whether it has jurisdiction to try this matter and then proceed on merits. But the bench was not convinced. It said, “The HC has reserved judgment. Under the constitutional framework, we must respect the authority of HC to determine its jurisdiction. let the HC decide on all issues. You can raise this issue even in the appeal to the Supreme Court. In all possibility, it may be heard along with your pending suit.”
Attorney General Mukul Rohatgi argued that this petition was misconceived. He showed an order passed by the SC on April 12, 2016 asking the HC to decide on the issue of jurisdiction of Centre vis-à-vis Delhi under Article 239AA by July 2016.