Accusing the AAP Government of creating an “unnecessary impasse” in order to prevent Delhi’s Anti-Corruption Bureau (ACB) from functioning, the Centre told the Delhi High Court on Wednesday that the AAP Government is acting in a “preconceived manner”.
The Ministry of Home Affairs (MHA) said this in an affidavit before a single judge bench of Justice VP Vaish on an application filed by the Delhi Government seeking directions against the ACB to receive a complaint from the Sub-Divisional Magistrate (SDM) and register FIR to probe graft charges against a DDA employee.
The Bench took the affidavit on record and posted the matter for further hearing on September 9 along with other similar cases.
In the detailed affidavit, the Centre sought rejection of the AAP Government application terming it as “misonceived” and “frivolous”. It also denied the allegations levelled in the application.
“It is stated that the petitioner is acting in a preconceived manner in order to prevent the ACB Delhi to function in accordance with law,” the Centre’s reply said.
It said the ACB was bound to act in accordance with the law and cannot expand its juridiction suo motu and start registering complaints with respect to employees who are not officials of the Delhi Government, as it would violate the scheme of the Constitution and the Centre’s notification.
“It is reiterated that the petitioner (AAP Government) is creating an unneccassary impasse in the function of the ACB. The Respondent (Centre) is committed to maintenance of law and order and to eradicate corruption from the system, however, it has to be done in accordance with law,” the affidavit filed by the MHA said.
It further said the DDA was under the control of Ministry of Urban Development and not under the Delhi Government and therefore the ACB has no jurisdiction under the provision of Prevention of Corruption Act in view of the Centre’s May 21 notification.
The AAP Government had earlier said the ACB came directly under its Vigilance Department as per presidential rules and the vigilance secretary headed the department.
It had said that ACB chief M K Meena was not reporting to the vigilance department or its secretary.