MHA to take legal recourse after obtaining High Court order

New Delhi: With the Delhi High Court terming its recent notification on jurisdiction of Delhi government's anti-corruption branch as "suspect", the Centre on Monday said it was not a party to the case but will take legal recourse after obtaining the judgement.

"The Home Ministry is not a party to the case. The Home Ministry will obtain a copy of the judgement and take appropriate legal recourse in the matter, a Home Ministry spokesperson said.

The comment came hours after the Delhi High Court termed as "suspect" the Centre's recent notification barring ACB from acting against central government officers in criminal offences and held that the LG cannot act in his discretion.

The High Court noted that the Lieutenant Governor of Delhi is bound to act upon the aid and advice of the council of ministers who are directly elected by the citizens of Delhi and the Centre's "executive fiat" siding with him is "suspect".

It observed that the mandate of the people "must" be respected by the LG of GNCTD if there was no other "constitutional or legal fetter".

The AAP government in Delhi and the LG have been involved in a public spat over his powers vis a vis an elected government. The Centre had on May 21 issued a notification siding with the Lt Governor.

The notification said that the ACB police station shall not take cognisance of offences against officials, employees and functionaries of these central government services.

The Delhi Police comes directly under the Home Ministry.