New Delhi: The home ministry on Friday night slammed Delhi chief minister Arvind Kejriwal for insinuating that it advised the Lt Governor to not follow the Supreme Court order related to control over services in the capital and asserted that it will be against the law to take a final view on the matter as it is still pending before the court.
The ministry's reaction came after Kejriwal claimed that Lt Governor Anil Baijal had refused to give control of the services department to the city government despite the apex court order earlier this week. He claimed that Baijal had sought advice from the Ministry of Home Affairs and was told that services should not be given to the Delhi government.
"The MHA has not advised the LG to ignore any part of the SC order. This is a misleading statement," the ministry said, adding it has only advised the L-G, based on a reference received from him, to follow the law.
"This advice is based on the Ministry of law's opinion that the Constitutional bench of the Supreme Court has clearly ordered that the matter be placed before the appropriate regular bench.
"In fact it would be against the law to take a final view on the matter related to services which is still pending before the regular Bench. This is also in accordance with the Proviso to Article 145(3) of the Constitution," it said.
Hours after the Supreme Court's landmark judgment on July 4 on powers of the Delhi government, the Kejriwal government introduced a new system for transfer and postings of bureaucrats, making the chief minister the approving authority.
However, the services department refused to comply, saying the Supreme Court did not abolish the notification issued in 2015 which made the MHA the authority for transfers and postings.
On Thursday, Kejriwal held a press conference after meeting Baijal in which he claimed that the latter does not agree that control of the services department should be handed over to the Delhi government. "The Supreme Court said that except three subjects, police, land and public order, Delhi government will have executive power on other subjects," he said.
“L-G sought advice from that MHA which told him that services should not be given to Delhi government. It is the first time in the history of India that the central government has openly refused to obey the SC's order...," he told reporters after his 25-minute long meeting with Baijal.
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