The Delhi government informed the Supreme Court that it has withdrawn its civil suit over declaring the national capital as a State as it has filed six petitions challenging the Delhi High Court order giving an upper hand to the lieutenant governor over the chief minister.
A bench headed by justice AK Sikri allowed the AAP government to withdraw the civil suit and gave the liberty to raise the issues in the petitions filed by it. The suit had been filed in January this year.
The SC had asked the AAP government last month if it would file an appeal against the high court order holding Delhi as a Union Territory with the lieutenant governor as its administrative head and, if yes, by when.
On behalf of the Delhi government, senior advocate Indira Jaising informed the court that the first of the six appeals against the HC order was filed on August 31. The others had been submitted on September 1 and 2. She said the state government would raise all the issues mentioned in the suit through its appeals before the apex court.
Solicitor General Ranjit Kumar opposed the plea of withdrawal by Jaising.
Jaising sought liberty to raise the issues “as and when fresh cause of action arises.”
The SC bench said, “You can always do if any fresh cause of action arises, you can raise the issue as and when required.”
When AAP government’s suit came up for hearing earlier, the court had said that instead of pursuing the suit, it should file an appeal challenging the HC’s order. It had said the Delhi government needed to file the Special Leave Petition (SLP) and the present suit would become “infructuous”.
On August 5, the Delhi High Court had ruled that the L-G was not bound by the aid and advice of the council of ministers. “Policy direction can’t be issued without communicating to L-G,” the court held.
Lieutenant governor Najeeb Jung had termed the verdict as “validation of the Constitution”, while the Aam Aadmi Party government said it will move the apex court against the decision.
(With inputs from IANS)