New Delhi, March 4 The Supreme Court on Monday agreed to examine a plea filed by the Delhi government challenging the orders issued by the office of the Lt Governor (LG) depriving it from appointing lawyers of its choice or fixing their fees.
A bench, headed by Justice Sanjiv Khanna, issued notice to the Union government, LG's office and others on Delhi government’s petition as well as on plea seeking interim relief.
The bench, also comprising Justice Dipankar Datta, indicated that the issue would have to be connected to the plea filed by the Delhi government against the National Capital Territory of Delhi (Amendment) Act, 2023 replacing the ordinance promulgated earlier by the Centre over transfers and postings of senior bureaucrats in the national capital.
The matter is posted for further hearing in the week commencing May 6.
The plea, filed through advocate Talha Abdul Rahman, said that the impugned Office Memorandum issued by the Union Home Ministry and subsequent order passed by the LG's office severely obstruct and hinder the elected Government’s ability to represent the interests of the electorate of Delhi.
It stated that the elected Government of NCT of Delhi cannot be shut out from choosing its advocates before the constitutional courts.
"Even in relation to litigation/cases not concerning the police, land and public order, the petitioner’s right to appoint counsel of choice is being brazenly breached," the plea said, adding that "what is given to Delhi by the Constitution, cannot be taken away by office memorandums and orders".
Further, it said that the impugned orders are in teeth of two Constitution Bench judgments wherein it was held and reiterated that the LG had no independent decision-making power and he must act on the aid and advice of the council of ministers, whom the people of Delhi duly elected.
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