Tuesday, 21 November, 2017

No action against those holding demonetised notes: Centre to SC

The Delhi government said in court the L-G had created a situation where no bureaucrat was obeying directions of chief minister Arvind Kejriwal and his ministers Blow to Arvind Kejriwal as SC says Delhi govt needs LG's approval for ruling national capital
Andrew Cummings | 05 November, 2017, 02:04

Appearing for the Centre, Attorney appearing for the Centre, said those who had approached the court for depositing scrapped notes, will not be prosecuted with regard to the amount mentioned in their petitions.

The Delhi Government does have a point, however, when it says that for day-to-day governance issues it is the elected executive which is responsible and will be held accountable by the people. However, the court observed that under the provisions of the constitution, the Lieutenant Governor has the last word and the elected government would have to operate within this framework.

Justice Bhushan too asked Subramanium to be specific and cite instances of Lt. Governor standing in the way of Delhi government.

The 1998 notification said that in matters of public order, police and services, the L-G of Delhi would consult the chief minister, and in cases otherwise, the reasons would be recorded. The Centre told the SC that these petitioners will not be prosecuted for possessing old Rs 1,000 and Rs 500 notes that was scrapped on November 8 previous year.

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The bench also pointed to the financial relationship between the Central government and the Union Territory of Delhi that was distinct from the relationship that it has with other states, saying that Centre has more involvement in the financial affairs of Delhi. "Yes, that has to be genuine", the bench said.

The Kejriwal government had filed the appeal in the Supreme Court challenging the Delhi HC order which had said that the LG is the administration head of the Capital.

The matter was referred to the constitution bench by the bench of Justice Sikri and Justice R.K.Agrawal on February 15.

As for the contention that the L-G was exceeding his powers, the court told the AAP government to spell out the specifics to enable the court to assess its points. "Article 239AA is unique to Delhi".

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