SC judge recuses from hearing Delhi plea on scope of powers

A Bench headed by Chief Justice T S Thakur will decide whether the two pleas by AAP can be heard together.

Published: 05th July 2016 03:49 AM  |   Last Updated: 05th July 2016 03:49 AM   |  A+A-

NEW DELHI: The Supreme Court has said it will decide on Tuesday whether the Aam Aadmi Party government’s plea for declaration of powers of the capital as a State be heard along with its plea to restrain Delhi High Court from delivering the verdict on issues including scope of its powers.

A Bench headed by Chief Justice T S Thakur will decide whether the two pleas by AAP can be heard together by one Bench. Senior advocate Indira Jaising mentioned AAP’s plea before a Bench comprising justices J S Khehar and Arun Mishra. But as Justice Khehar recused from hearing the plea for passing an order to restrain the High Court from delivering the verdict on scope of powers of Delhi government, which still does not enjoy full statehood under the Constitution, the Bench declined to go into the second plea of the lawsuit. “It is not for us to say anything on the separate lawsuit you have filed. We are not dealing with the matter. It means we are not going to say anything,” the Bench said, when Jaising urged that there should be an order that both the matters be listed for hearing before an appropriate Bench on Tuesday itself. On this, Attorney General Mukul Rohatgi said he was not giving his consent for listing both matters together as there was proper procedure for it which the Delhi government must follow.

Jaising objected to the AG’s stand over the procedure for seeking hearing of Delhi government’s petition on Tuesday and said he can’t backtrack from his consent given earlier. Rohatgi said he also did no expect a senior lawyer like her not following the court procedure.

To this, Justice Khehar in a lighter vain said, “Mr. Attorney General, you cannot withdraw your consent given to a woman.” He said it was not about withdrawing consent, but the procedure which should be followed.

Earlier, the Supreme Court had agreed to hear Delhi’s plea that the High Court be restrained from delivering its judgment on issues including the scope of its powers to exercise its authority in performing public functions.

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