Anti-corruption wing powerless against KG basin graft as Centre pulls plug
The Delhi Government on Tuesday told the Delhi High Court that its Anti-Corruption Bureau (ACB) had no jurisdiction to probe graft charges against former UPA Ministers and others in relation to alleged irregularities in raising price of gas from RIl’s KG6 basin. Senior advocate Vikas Singh, appearing for Delhi Government and ACB, submitted in the court that the power of the bureau had been taken away by a recent notification of the Centre.
“There is a July 23 notification as per which ACB will not have powers to probe (the matter). The notification takes away the jurisdiction of ACB to investigate Central Government employees in corruption cases. It rather confines (ACB) to employees of Delhi Government only,” Singh stated. However ACB had recently asserted that it was well within its right to lodge the FIR against Reliance Industries ltd (RIl) and others, including then Oil Minister M Veerappa Moily, for alleged irregularities in raising gas prices.
ACB has now sought time to file its fresh reply as well as to place the notification on record. The recent Central Government notification has amended the November 8, 1993 notification of the lieutenant Governor, saying it shall be applicable to the officers and employees of that (Delhi) Government only.
“This notification shall apply to the officers and employees of the Government of National Capital Territory of Delhi,” the fresh notification reads. A bench of Justice VK Shali posted the matter for further hearing on October 16, by when ACB and Delhi Government will have to file their fresh replies in view of the recent development.
Meanwhile, advocate Prashant Bhushan, appearing for the complainants on whose complaint the then Aam Aadmi Party Government had ordered registration of FIR, said that in view of a Supreme Court judgement, it can be inferred that ACB has “concurrent territorial jurisdiction to investigate corruption cases which take place within its domain”.
Earlier, ACB had sought dismissal of RIl’s plea for quashing of the FIR, saying that the plea that it (ACB) lacked the power to probe the matter was absurd and misconceived.
Arvind Kejriwal-led Delhi Government had lodged the FIR naming then Petroleum Minister Moily, RIl Chairman Mukesh Ambani and others on gas pricing issue and had alleged that the Congress-led UPA Government favoured RIl with an eye on 2014 general elections and BJP maintained silence hoping to gain corporate funding for the polls. The charges had been denied by RIl and others.