Dayan Krishnan for Kejriwal as Delhi HC says ACB can act against Central Govt employees

In what could be a much-needed shot in the arm for CM Arvind Kejriwal, the Delhi High Court recently denied bail to a head constable in a corruption case. The court went on to hold that Delhi government’s Anti-Corruption Branch (ACB) had the jurisdiction to arrest police personnel..The Delhi government was represented by senior counsel Dayan Krishnan, with senior counsel N Hariharan representing the head constable..A Single Judge Bench of Justice Vipin Sanghi ruled in favour of the Delhi Government and stated that so far as the constitutional scheme was concerned, the Executive power of the Union did not ‘extend to the State and matters falling in the Concurrent List.’.The order was passed in a bail application preferred by Head Constable Anil Kumar of the Delhi Police. Kumar was arrested on charges of taking a bribe and threatening a scrap dealer of implication in ‘false cases’ if the latter did not toe his line. Rejecting the contention that the ACB was incompetent to act on the complaint, the Bench further held,.“Since the applicant is a Delhi Police personnel serving the citizens in the GNCTD and the functions of the Delhi Police personnel substantially and essentially relate to the affairs of the GNCTD, in my view, the ACB of the GNCTD has the jurisdiction to entertain and act on a complaint under the PC Act in respect of a Delhi Police officer or official, and to investigate and prosecute the crime.”.Only last week, the MHA had come up with a notification on May 21st whereby it had, inter-alia, deprived the Anti Corruption Bureau from taking cognizance of offences against officers,employees and functionaries of the Central Government..It had also gone on to state that the Lieutenant Governor had jurisdiction over matters connected with services, public order, police and land and he may consult with the Chief Minister whenever he thinks necessary in issues of services using his own “discretion”..The notification had the Delhi Government crying foul, alleging that the Centre was trying to rule over Delhi through the L-G..Justice Sanghi’s order also questioned the legality of this notification and laid down that limitations of the Union’s power in exercising its authority over certain entries in the Concurrent List had rendered the said notification, ‘suspect.’.While Kejriwal maybe celebrating his vindication in public gatherings, the MHA had already issued a statement that it would contemplate an appropriate legal recourse in such a situation..It seems like the Kejriwal government is prepared to take the bull by its horns. At the time of publication of this story, it was reported that AAP’s Adarsh Shastri had sought to impeach LG Jung, although Kejriwal subsequently said that this was not the party’s views..The Delhi High Court’s judgment can be read here.