The observation of Delhi High Court carries weight on the issue of ACB

The observation of Delhi High Court carries weight on the issue of ACB

Whatever, observation was made, yesterday by Judge of Delhi High Court, against the Lt. Governor’s role dealing with the administration of the Delhi state, but much dent was made against the Modi Govt.’s decision for curbing the power of the ACB.

Unfortunately, the Modi loving Presstitute Media did not react on the issue of the observation made by the Justice Vipin Sanghi of the Delhi High court, yesterday. But the ABP, today, made interpretation of the observation of Delhi High Court, according to their choice panelist, but they deliberately overlooked the reason of denying  the Bail petition of the Head Constable, Mr. Anil Kumar, by the hon’ble court.

The observation which was made by the Justice Sanghi would not have come; if the petitioner would not have challenge the role of the ACB, before the hon’ble court, the petitioner took the plea of the recently passed unwarranted notification to curb the power of ACB and giving more unconstitutional powers to the Lt. Governor.

The Justice Sanghi, while rejecting the bail application of the Head constable, have added that “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.

 According to the view of the justice 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 judge said.

It is also true that the accused constable will approach to the Division bench of the High Court for his bail application, but it is not being denied that the Division bench will set aside the reason of the Justice Sanghi for denying the bail application, so the accused have to come with other plea.

Undoubtedly, the observation made by the Justice Sanghi have given too much of oxygen to the AAP Govt. to challenge against the arbitrary notification, passed by the Modi Govt., in hurry. The observation made by any court is always important, because through observation, the bench speaks his mind and other considerations.

Today’s resolution of the AAP Govt., before the Assembly, will put the Modi Govt. in more back foot, in the coming days, until and unless Modi govt. challenge the observation of the court.