New Delhi
The Supreme Court on Monday declined to entertain a Public Interest Litigation (PIL) filed by a lawyer challenging a provision in a controversial law that gives the Delhi Lieutenant Governor (L-G) the upper hand over the elected government in matters related to transfers and postings of senior officials in the national capital. A bench comprising Chief Justice of India D Y Chandrachud and Justices P S Narasimha and Manoj Misra stated that it could not consider a fresh PIL challenging the amendment to the Government of National Capital Territory of Delhi Act, 1991, as a Constitution Bench of the Supreme Court was already seized of the matter. Sensing the bench’s reluctance to entertain the plea and to avoid incurring costs, the petitioner chose to withdraw the PIL. A petition challenging the amendment to the NCT of Delhi Act, 1991, is already pending at the behest of the NCT of Delhi. The petitioner-in-person seeks leave of the court to withdraw the petition…. The petition is disposed of as withdrawn, the bench ordered. The bench clarified that this order would not affect the existing plea filed by the Delhi government challenging the constitutionality of the law enacted by Parliament on the control of services. Furthermore, the Supreme Court declined to grant liberty to the petitioner to be a party to the existing proceedings that had been referred before a 5-judge Constitution Bench. On August 25, a bench led by the Chief Justice had permitted the Delhi government to amend its pleadings to include the challenge to the Delhi Services Act as passed by Parliament in the existing plea challenging the services ordinance. The court had also granted a four-week period for the Union government to file its fresh counter affidavit in the matter.
