A bench of Justices AK Sikri and UU Lalit, while refusing to stay Delhi HC order allowing Anti- Corruption Bureau of Delhi to take action against officials in corruption cases, clarified that observation made by the High Court on Ministry of Home Affairs notification of May 21 was tentative in nature and it would not be binding.
Apex Court described as tentative a high court observation that the central government’s May 21 order giving Delhi’s lieutenant governor (Najeeb Jung) the final say in posting and transfers of bureaucrats was ‘suspect’, even as it issued notice to the city government on the issue. While saying that observation in paragraph 66 of the high court judgment holding notification suspect as tentative, the apex court said that in respect of other paragraphs it will a call only after receiving reply from the Delhi government.
The apex court issued notice to Arvind Kejriwal Government on Centre petition and asked it to file response within three weeks. The court also said that dispute arising out of power tussle between Delhi Government and Centre should be decided by the Supreme Court and asked the AAP government to take a decision whether it wants the case to decided in Supreme Court or Delhi high court.