The control over Delhi Police department, in all its likelihood, might be at the helm of the cold war-like situation between Delhi's lieutenant-governor (LG) Najeeb Jung and Arvind Kejriwal.
The control over Delhi Police department, in all its likelihood, might be at the helm of the cold war-like situation between Delhi's lieutenant-governor (LG) Najeeb Jung and Arvind Kejriwal. The AAP government on Tuesday while taking another shot at the lieutenant-governor's office said that the incumbent LG is constitutionally obliged to consult the state government on certain issues including that of the appointment of Delhi's Police Chief.
"We are not saying anything new. Various provisions of NCT of Delhi ACT of 1991 and Constitution of India have been examined by our government and the issues on which the honorable office of LG must consult the Chief Minister's office are clearly stated" said Nagender Sharma, spokesperson for the Delhi government, while maintaining that government is not confronting the LG. Sharma was citing rule 55 (2) (a) of the Transaction of Business of the government of National Capital Territory of Delhi (Amendment) Rules, 2002
That office of LG as well as the Delhi police department which fall under the Union government, have often been found at loggerheads with the AAP led government both in 2014 and 2015. The suicide of a farmer at an AAP rally had yet again forced the Delhi CM to rake up the fact that his government does not control the police whom he accused of negligence while dealing in suicide case.
The recent confrontation between State government's Anti-Corruption Branch (ACB) and Delhi police had once again laid bare wounds of the state government which had on several occasions asked for a constitutional amendment to bring Delhi Police under the ambit of state government.
On Saturday ACB arrested a head constable of the Delhi Police on charges of extorting money from a scrap dealer. The incident triggered yet another standoff between the government and the Delhi Police after the latter registered a case of kidnapping on behalf of the accused's wife and sent a notice to the ACB asking its raiding team to "join investigations".
Even though Delhi police had told the courts that ACB had gone beyond their jurisdiction to arrest the constable citing a Union government notification of 2014 which clipped ACB's power to arrest employees of the central government, Sessions Judge Poonam Chaoudhary granted the ACB a three-day custody of the accused setting aside the notification.
Later on Sunday Najeeb Jung issued orders directing the state government to withdraw a notification instructing senior officials not to route files through his secretariat. This was after Arvind Kejriwal instructed the city administration not to "burden" the lieutenant-governor's office with unnecessary files for approvals.
"The role of the Chief Minister and the Council of Ministers is to aid and advise the Lt. Governor where the latter is entitled to act solely on his own discretion and all files relating to matters for which Legislative Assembly can make law should come to the Lt. Governor for final approval," a statement from the LG's office said. In a statement to Delhi CM, the LG drew his attention to the relevant provisions of the Constitution, the GNCTD Act 1991 and Transaction of Business Rules 1993.
Official sources however told dna that the issue was not only about a certain set of files. "This is a part of an ongoing dialogue between the LG and government. All that the government wants is a proper demarcation of its duties and that of the LG office as well," the source said.
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