ACB must take orders from Delhi Govt: HC

New Delhi: The AAP government in the national capital that is caught in a power tussle with the lieutenant governor received a boost on Monday when the Delhi High Court ruled the city's anti-corruption branch must take its orders from the Arvind Kejriwal-led administration and not the Centre.

The court also said the ACB has the jurisdiction to arrest police personnel, while denying bail to Delhi police head constable Anil Kumar who was arrested in a corruption case.

The Centre said last week its officers could not be investigated by the ACB, as the union home ministry issued a gazette notification, giving the lieutenant governor a free hand on subjects constitutionally under his domain, such as services, public order, police and land.

"Congrats. Del HC strikes down centre's effort to weaken Delhi's ACB. Del HC- Centre has no jurisdiction to pass notification on ACB's powers," chief minister Kejriwal tweeted. "Today's HC judgement a huge embarrassment for central govt. HC also said that the latest 21st May MHA notification is 'suspect'."

Relations between L-G Najeeb Jung and Kejriwal nosedived over a series of contentious bureaucratic appointments, while several IAS officers publicly protested against the way they were being treated by the AAP government.

The Centre's notification, which supersedes an earlier one issued in 1998, says the lieutenant governor may consult the chief minister on services using his discretion.

In contrast, the previous notification required the lieutenant governor to exercise his powers on public order, police, and services in consultation with the chief minister or offer reasons in writing if the elected head was not consulted on a matter.

The AAP government has called an emergency session of the assembly from Tuesday to discuss the notification and has indicated it may take legal recourse on the issue.