The apex court also observed that the High Court order on ACB's jurisdiction in Para 66 of the order is irrelevant and added that the High Court can decide on it separately.
In a setback to Delhi Chief Minister Arvind Kejriwal, the Supreme Court on Friday issueed notice to Delhi government on Centre's appeal against High Court order allowing ACB to take action against bureaucrats.
The court also asked Delhi government to reply in 3 weeks on Centre's plea for stay of High Court order holding its notification limiting power of anti-graft panel as 'suspect'.
The Supreme Court also asked the High Court to proceed on Delhi government's fresh petition independently without being influenced by observations made in May 25 verdict.
The apex court also observed that the High Court order on ACB's jurisdiction in Para 66 of the order is irrelevant and added that the High Court can decide on it separately.
Clarifying that there is no stay on observations made by the Delhi High Court single judge in the May 25 judgement, a vacation bench comprising Justices A K Sikri and U U Lalit said, "we are not inclined to go into the issue of stay at this stage and after getting the reply, we will look into it".
The Modi government had on Wednesday challenged the Delhi High Court's order that termed as "suspect" a notification of Union Home Ministry barring the Anti-corruption Branch from acting against its officials in the apex court.
The Centre's petition was mentioned before a vacation bench, comprising Justices A K Sikri and U U Lalit, by Additional Solicitor General Maninder Singh, who said that the observations made by the High Court led to total uncertainty and made everyday administration of national capital difficult.
The Home Ministry had maintained that ACB had no jurisdiction over its officials whereas the Delhi Government had challenged it.
The Ministry issued a gazette notification on May 21 that the ACB police station shall not take cognisance of offences against officials, employees and functionaries of the central government services besides giving the Delhi LG absolute powers on transfers and postings of senior officers.
However, while dismissing the bail application of the constable, the High Court termed as "suspect" the Centre's notification barring Delhi government's ACB from acting against its officers in criminal offences and held that the LG cannot act on his discretion.
The High Court noted that Lieutenant Governor of Government of National Capital Territory of Delhi (GNCTD) is bound to act upon the aid and advice of the council of ministers who are directly elected by the citizens of Delhi and the Centre's "executive fiat" siding with him is "suspect".
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