AAP vs L-G: Delhi government to appeal HC verdict in three days

NEW DELHI: The Delhi government informed the Supreme Court on Monday that it will file an appeal against the high court verdict, declaring the Lieutenant Governor as Capital’s administrative head, in three days.

HT Image

AAP government’s counsel made the submission before a bench headed by Justice AK Sikri, which did not appreciate the lawyer’s request to adjourn the civil suit in which the Delhi administration wants the top court to adjudicate the dispute. The suit was filed when the HC was hearing the petitions on the issue.

In the last hearing, the court advised the Delhi government to file an appeal against the HC verdict and withdraw the suit. However, on the request of senior advocate Indira Jaising the bench adjourned the matter till Monday.

At the outset, the Delhi government’s counsel asked for an adjournment. This irked the bench, which said: “You file the special leave petition (against the Delhi High Court judgement) and withdraw this (civil suit). Take instruction.” It listed the matter for hearing on September 2.

In its verdict, the high court had declared that Delhi will continue to remain a Union territory under the Constitution with the L-G as its administrative head.

The HC did not accept AAP government’s contention that the L-G is bound to act only on the aid and advice of the chief minister and his council of ministers with regard to making laws by the assembly.

The court, which had rejected almost all the contentions of Delhi government, agreed with its one submission and held that the L-G has to act on its aid and advice in the appointment of special public prosecutors.