The Delhi High Court on Monday, holding that city government’s Anti Corruption Branch (ACB) has “jurisdiction to investigate and prosecute” Delhi Police officials, also dismissed the bail plea of a head constable arrested on corruption charges by it.
Justice Vipin Sanghi denied bail to Anil Kumar, who was head constable in Sonia Vihar’s police station and arrested on May 1 while allegedly extorting money from a scrap dealer in the area.
A turf war had broken out between Delhi Police, and the state government after Anil Kumar was arrested by ACB. While ACB booked him on corruption charges, police hit back, registering an FIR of kidnapping in this connection.
The high court said that ACB “has jurisdiction” over Delhi Police officials and also questioned the 2014 notification of the union home ministry which allows the ACB to only prosecute Delhi government employees and not central government (Delhi Police comes under the home ministry) employees.
“It appears to me, that the union government could not have issued the notification dated July 23, 2014 thereby seeking to restrict the executive authority of the GNCTD (Government of the National Capital Territory of Delhi) acting through its ACB to act on complaints under the PC Act only in respect of officers and employees of the GNCTD,” Justice Sanghi said.
“By an executive fiat, the union government could not have exercised the executive power in respect of a matter falling within the legislative competence of the legislative assembly of the NCT, since the law made by parliament, namely the GNCTD Act read with Article 239 AA put fetters on the executive authority of the president,” he said.
Commenting on the latest controversy between Chief Minister Arvind Kejriwal and Lt. Governor Najeeb Jung, where the central government has issued a fresh notification on May 21 giving the latter all power of transfer and postings, the court said “the further executive fiat issued by the union government on May 21, 2015 is also suspect”.