A head constable of Delhi Police, who was arrested by the anti-corruption branch of Delhi government a month ago on bribery charges, had moved a bail application in the Delhi High Court saying Delhi Police does not come under the jurisdiction of the ACB.
Rejecting the application, the High Court said: “Since the applicant is a Delhi Police personnel serving the citizens in the NCTD and the functions of the Delhi Police personnel substantially and essentially relate to the affairs of the GNCTD, in my view, the ACB of the GNCTD has the jurisdiction to entertain and act on a complaint under the PC Act in respect of a Delhi Police officer or official, and to investigate and prosecute the crime.”
The High Court also asked the LG of Delhi to respect the mandate of the people of Delhi who have voted AAP to power with 67 MLAs out of 70.
The ruling comes in the backdrop of a notification of the Union Home ministry recently which says only the Lieutenant Governor of Delhi has the power to act against the government employees working in Delhi but come under the Uion Government.
The LG is obliged to consult the state Council of Minister if he deems fit but is not mandatory. It also says the NCT of Delhi being a Union Territory, the state government has no jurisdiction on the areas of ‘public order’, ‘police’, ‘land’ and ‘services’. Since the ACB was formed by the Delhi government, it can not act against Delhi Police personnel and other employees who come under the Central government cadre.
AAP leaders strongly condemned the Home ministry notification, accusing the NDA govt of trying to rule Delhi from the backdoor through LG and with only three MLAs.
CM Kejriwal demanded the Centre to clarify whom do they want to protect by clipping wings of the anti-corruption branch.
