New Delhi: The Delhi High Court on Monday said that it cannot stay proceedings, which are at fag end, on a bunch of petitions arising out of the spat between the Lieutenant-Governor and the AAP government over the powers to appoint bureaucrats in the national capital and other issues.
A bench of Chief Justice G Rohini and Justice Jayant Nath said that the Supreme Court has fixed a deadline for deciding these matters by end of July. "We cannot stay the matter at the fag end of proceedings,” the bench said. "Time has been fixed by the Supreme Court. We cannot stay the proceedings here," the bench added.
The court's oral observation came on an application filed by the AAP government seeking a stay on the hearing on these petitions on the ground that the issues involves a dispute of a "federal nature" between the Centre and Delhi government.
"As per Article 131 (of the Constitution), Supreme Court has the exclusive jurisdiction in a dispute between the Union of India and a state provided that the dispute is of a federal nature. We have to delve into this aspect," senior advocate Indira Jaising, appearing for the AAP government, said.
"I will request that judgement be not passed. I am concerned about the Supreme Court's deadline," she said.
The bench which asked the Centre to file its reply on the AAP government's plea by May 9, said that stage of judgement was far away as the hearing on the petitions were going on.
"Let us hear the arguments first. The judgement stage is away," the bench said.
To this, Jaising said, "There should be an ad-interim stay on the judgement till next Monday." However, the bench observed, "We are not going to pass any judgement till next Monday. "File your (Centre) counter on this aspect," it asked the counsel appearing for Centre and fixed the matter for May 9.
A total of 11 cases arising out of the spat between the LG and Delhi government, are being heard together by the bench. The arguments in other matters would continue tomorrow.
The Delhi government on May 28 last year had approached the high court challenging the Centre's notification of May 21 giving LG absolute powers to appoint bureaucrats in the city.
It had also challenged the July 23, 2014 notification limiting jurisdiction of the Anti Corruption Branch to Delhi government officials only.
