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HIGH COURT OF DELHI
W.P.(C) 2946/2014 & CM APPL. 6130/2014
UNION OF INDIA ..... Petitioner
Through: Mr. Mohan Parasaran, Solicitor General with Mr. Chidanda D.L., Mr. B.V.
Niren, Mr. Prasouk Jain, Mr. Ashwin Kumar, Mr. Udit Gupta and Mt. Atit
Jain, Advocates for UOI.
W.P.(C) 2946/2014 & CM APPL. 6130/2014
UNION OF INDIA ..... Petitioner
Through: Mr. Mohan Parasaran, Solicitor General with Mr. Chidanda D.L., Mr. B.V.
Niren, Mr. Prasouk Jain, Mr. Ashwin Kumar, Mr. Udit Gupta and Mt. Atit
Jain, Advocates for UOI.
VERSUS
GOVERNMENT OF NCT OF DELHI & ORS. ..... Respondents
Through: Ms. Zubeda Begum, Advocate for GNCT of Delhi.
Through: Ms. Zubeda Begum, Advocate for GNCT of Delhi.
CORAM:
HON'BLE MR. JUSTICE MANMOHAN O R D E R 09.05.2014
Present writ petition has been filed seeking quashing of FIR
No.17/2014 registered by the Anti-Corruption Branch of Delhi Government as well as for declaration that the said Anti-Corruption Branch has no jurisdiction with regard to employees/public servants of the Central
Government.
Mr. Mohan Parasaran, learned Solicitor General for UOI submits that the Anti-Corruption Branch of the Delhi Government has no power and jurisdiction to investigate the subject matter of the complaint, namely, Gas pricing, having regard to the Constitutional Scheme and the limited powers
2014:DHC:2480 of the Government of National Capital Territory of Delhi.
He emphasises that the FIR in substance seeking to investigate the decision with regard to Gas price fixation falls within the exclusive domain of the Central Government by virtue of Entry 53 in List I.
Mr. Mohan Parasaran, learned Solicitor General refers to Article
239AA and points out that the Entries 1 and 2 of the State List of the
Seventh Schedule have been specifically excluded from the domain of the
Legislative Assembly of the National Capital Territory of Delhi and consequently law and order, police, public order and related matters are within the exclusive power and jurisdiction of the Union Government in relation to Delhi.
Mr. Parasaran, learned Solicitor General also draws this Court’s attention to the revised Rules of procedure for enquiries and investigation by the Anti-Corruption, Delhi as well as Notification dated 01st November, 1993 to submit that the said bureau is concerned only with officials of Delhi
Administration as well as other statutory bodies over which the Lieutenant
Governor exercises control.
Mr. Parasaran, learned Solicitor General submits that the aforesaid
FIR is an ‘assault’ on the Federal structure of the Constitution.
Issue notice.
Ms. Zubeda Begum, learned counsel accepts notice on behalf respondents. She states that she has no instructions. She prays for and is granted one week to obtain instructions and file a counter affidavit.
Rejoinder affidavit, if any, be filed before the next date of hearing.
List the matter on 20th May, 2014.
In the meantime, no coercive steps shall be taken in pursuance to FIR
No.17/2014.
Order dasti under the signature of Court Master.
MANMOHAN, J MAY 09, 2014 js
Present writ petition has been filed seeking quashing of FIR
No.17/2014 registered by the Anti-Corruption Branch of Delhi Government as well as for declaration that the said Anti-Corruption Branch has no jurisdiction with regard to employees/public servants of the Central
Government.
Mr. Mohan Parasaran, learned Solicitor General for UOI submits that the Anti-Corruption Branch of the Delhi Government has no power and jurisdiction to investigate the subject matter of the complaint, namely, Gas pricing, having regard to the Constitutional Scheme and the limited powers
2014:DHC:2480 of the Government of National Capital Territory of Delhi.
He emphasises that the FIR in substance seeking to investigate the decision with regard to Gas price fixation falls within the exclusive domain of the Central Government by virtue of Entry 53 in List I.
Mr. Mohan Parasaran, learned Solicitor General refers to Article
239AA and points out that the Entries 1 and 2 of the State List of the
Seventh Schedule have been specifically excluded from the domain of the
Legislative Assembly of the National Capital Territory of Delhi and consequently law and order, police, public order and related matters are within the exclusive power and jurisdiction of the Union Government in relation to Delhi.
Mr. Parasaran, learned Solicitor General also draws this Court’s attention to the revised Rules of procedure for enquiries and investigation by the Anti-Corruption, Delhi as well as Notification dated 01st November, 1993 to submit that the said bureau is concerned only with officials of Delhi
Administration as well as other statutory bodies over which the Lieutenant
Governor exercises control.
Mr. Parasaran, learned Solicitor General submits that the aforesaid
FIR is an ‘assault’ on the Federal structure of the Constitution.
Issue notice.
Ms. Zubeda Begum, learned counsel accepts notice on behalf respondents. She states that she has no instructions. She prays for and is granted one week to obtain instructions and file a counter affidavit.
Rejoinder affidavit, if any, be filed before the next date of hearing.
List the matter on 20th May, 2014.
In the meantime, no coercive steps shall be taken in pursuance to FIR
No.17/2014.
Order dasti under the signature of Court Master.
MANMOHAN, J MAY 09, 2014 js
JUDGMENT