‘Can be contempt’: AAP govt to SC on attempt to block secy transfer after ruling

The AAP government attempted to transfer out services secretary Ashish More after the verdict by the Supreme Court’s constitution bench but did not succeed

NEW DELHI: The Aam Aadmi Party (AAP) government on Friday told the Supreme Court that its order to transfer a senior official was not being executed by the services department despite the top court’s verdict, ostensibly because the notification issued by the Ministry of Home Affairs in 2015 was yet to be cancelled or withdrawn.

The Supreme Court’s constitution bench laid down that the elected government of Delhi has legislative and executive power over “services” (HT File Photo)

Senior lawyer Abhishek Manu Singhvi, appearing for the elected government, asked a bench of Chief Justice of India (CJI) Dhananjaya Y Chandrachud and justice PS Narasimha to constitute a regular bench to formally set aside the 2015 notification that laid down that the Delhi government will have no powers over services and empowered the lieutenant governor to exercise this power on behalf of the central government.

A constitution bench of the top court led by CJI Chandrachud on Thursday ended a legal battle that started between the AAP government and Raj Niwas in 2015, ruling that all officers working in departments except those relating to public order, land and police fell within the administrative and legislative control of the Delhi government.

Singhvi’s move to mention the matter before the top court on Friday came after the elected government’s order to transfer out the services secretary Ashish More wasn’t implemented.

Singhvi, assisted by advocate Shadan Farasat, said, “On our order (to transfer services secretary) we have been told that the transfer cannot be initiated till we get an order quashing the notification (of 2015).”

“There can be contempt under Article 141,” Singhvi added, referring to Article 141 of the Constitution which provides that a law declared by the Supreme Court shall be binding on all courts in the country.

The senior lawyer cited the last paragraph of the 105-page judgment delivered by the constitution bench which asked the court registry to place the case before a regular bench after obtaining the CJI’s orders.

Singhvi requested the CJI to constitute a bench next week. The CJI said he would examine the request and consider having the matter heard next week.

Thursday’s verdict of the constitution bench is a major boost for chief minister Arvind Kejriwal. It said: “If a democratically elected government is not allowed to control its officers and hold them to account, then its responsibility towards legislature and the public is diluted. If an officer is not responding to government, the collective responsibility is diluted… if officers feel they are insulated to the elected government, they feel they are not accountable”.