Files relating to excise, Delhi CM bungalow 'scams' taken into unlawful custody: Centre defends Delhi ordinance in SC

The Centre stressed, after the judgment, the officers of the vigilance department were targeted by the elected government and files pertaining to the excise policy scam, Delhi CM’s new residential bungalow, documents pertaining to advertisements, Delhi’s power subsidy etc., were taken into “unlawful custody”. Reports ETV Bharat's Sumit Saxena.

New Delhi:The central government has told the Supreme Court that after the pronouncement of judgment on May 11 in the Centre vs Delhi government case, the AAP ministers started uploading the orders on social media and “started a witch-hunt, harassment of officers, media trials, and street postures to influence the decision making by the officers”.

The Centre stressed, after the judgment, the officers of the vigilance department were targeted by the elected government and files pertaining to the excise policy scam, Delhi CM’s new residential bungalow, documents pertaining to advertisements, Delhi’s power subsidy etc., were taken into “unlawful custody”.

The Ministry of Home Affairs, in an affidavit, said complaints were received from the special secretary (Vigilance) and two other officers, pointing out a serious incident of trespassing in the said officer's chamber and taking unlawful custody of certain files. The MHA said specific targeting of the vigilance department in a hurried manner was, inter alia, on account of the fact that the office of the vigilance department contained certain files about which either investigations/inquiry were going on or contemplated and they were “extremely sensitive in nature”.

The affidavit said there were files pertaining to the alleged excise scam in which some ministers of Delhi government are in custody. “The files pertaining to the expenditure incurred in the construction of the new residential bungalow of the Hon'ble Chief Minister which is being enquired into under valid orders passed by the Central Government as the said subject indisputably falls within the domain of the Central Government”, it said.

The MHA said the files containing the documents pertaining to advertisements given by and from the exchequer of the Delhi government for a political party about which a judicial order of the Supreme Court operates directing the said party which is in power in the state government to reimburse the state exchequer as public funds cannot be used for furthering the political campaigning of any political party.

“The files pertaining to extending power subsidy to private companies ignoring the outstanding dues from these companies like BSES and BYPL to the tune of more than Rs.21,000 crores. The said issue is also under inquiry by the Central Bureau of Investigation”, said the affidavit.

The MHA said the elected government remained arrogant to the official duties of the concerned officers and handled the whole affair in a highly insensitive manner and also humiliated the senior officers and subordinate officers of the vigilance department.

“In fact, the office of the Special Secretary [Vigilance] in which the aforesaid files were lying, was sealed on the directions of the Hon'ble Minister (Services). This act also received negative global attention since it has always been an endeavour of all GNCTD government in the past to act in a diplomatic, matured way and not to make a global spectacle of the nation's capital in the age of electronic media and social media”, said the affidavit, which was filed by the Centre defending the ordinance.

The affidavit said two days after the sealing of the office of the special secretary (Vigilance), where the files of the aforesaid nature were kept, the de-sealing was done at the behest of the political establishment of the elected government to enable them to have access to the vigilance files and have them photocopied, which exercise surprisingly started at 11 pm and continue up to 2:30 AM (middle of the night under the gaze of TV cameras).

“Such a thing happening in the capital of the nation not only took the citizens of the nation by shock, but also became a matter of huge embarrassment at international level, since this entire exercise was also covered by electronic media. The above incident also led to filing of an FIR”, said the affidavit.

The MHA said when the decision to promulgate the ordinance was taken the Parliament session was two months away and any delay would not only have paralyzed the administration of the national capital but would have embarrassed the entire nation within and outside the country.

Delhi government has challenged the Centre’s ordinance -- Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 -- before the apex court. The Delhi government’s plea contended that the ordinance wrests control over civil servants serving in the Government of NCT of Delhi (GNCTD), from the GNCTD to the unelected lieutenant governor (LG).

Today, the Supreme Court said it is contemplating referring to the Delhi government’s challenge to the Centre's ordinance -- Government of National Capital Territory of Delhi (Amendment) Ordinance, 2023 -- to a constitution bench. The top court is likely to take up the matter on Thursday.

On May 11, a five-judge constitution bench of the Supreme Court ruled that it is ideal to hold that a democratically elected Delhi government should have control over its officers and the LG is bound by the advice of the elected government in everything other than public order, police, and land.