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Delhi govt vs Centre: Elected government has power over services, L-G duty-bound to comply, says Supreme Court

The Delhi government scored a major victory today in its arduous power-struggle with the BJP-ruled Centre.

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Delhi CM Arvind Kejriwal

The Delhi government scored a major victory today in its arduous power-struggle with the BJP-ruled Centre as the Supreme Court ruled in favour of the Chief Minister Arvind Kejriwal-led dispensation, stating that the AAP regime has legislative and executive power over services— including the Indian Administrative Service (IAS), except law and order and land—and the Lieutenant Governor (L-G) is duty-bound to comply with the elected government’s decision in this matter.

In a unanimous verdict, a five-judge Constitution bench of the Apex court which comprises of Chief Justice DY Chandrachud along with Justices MR Shah, Krishna Murari, Hima Kohli and P S Narasimha, ruled that the Delhi government must have control over services and the Lieutenant Governor is bound by its decision.

The bench observed that the Union Territory of Delhi has ‘sui generis’ (unique) character and has legislative and executive power over services and stated that if a democratically elected government’s responsibility towards the legislature and the electorate becomes diluted if it was denied control over its officers and the power to hold them to account.

The Supreme Court bench ruled that the L-G exercise powers under the administrative role as entrusted by the President, however, his executive powers can only extend to matters falling outside the scope of the legislative assembly, adding that the it does not mean administration over entire Delhi otherwise the purpose of having an elected government in the national capital stands defeated.

Read Also: Nearly a dozen army school shut down in Jammu after intel of terror attack, high alert issued

The bench further stated that a democratically elected government shall have control over its officers and the power to hold them to account.

It noted that the officers will feel as if they aren’t accountable to anyone if they sense that the elected government has no power over them.

 Observing that even though the Capital Territory of Delhi (NCTD) is not a full-fledged state and remains a federal entity, the top court stressed that it must be ensured that the Centre does not take over the governing power of the states, adding that the Union government’s power over certain subjects of the Concurrent List cannot be such that the functioning of the State is affected.

Earlier, on January 18, the Apex court had reserved its order in the plea filed by the Aam Aadmi Party dispensation following a split verdict by a two-judge bench on February 14, 2019.

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Delhi news

NIA raids Delhi’s Shaheen Bagh in Kerala train arson case

The National Investigation Agency (NIA) on Thursday conducted raids in Shaheen Bagh area of Delhi in connection with its ongoing investigation into last month’s case of arson on a train in Kerala’s Elathur.

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NIA Raids Delhi Shaheen Bagh

The National Investigation Agency (NIA) on Thursday conducted raids in Shaheen Bagh area of Delhi in connection with its ongoing investigation into last month’s case of arson on a train in Kerala’s Elathur.

According to report, searches in the area began on early Thursday morning and are currently underway at various locations at the hideouts of the suspects connected to the case.

On April 2, Shahrukh Saifi, a resident of Delhi’s Shaheen Bagh tried to set afire some passengers on board the Alappuzha-Kannur Executive Express at Elathur in Kerala’s Kozhikode.

Reports at the time said that Saifi doused the passengers with some inflammable liquid and tried to light them on fire which sparked panic aboard the train resulting in the deaths of three people who jumped from the train in a bid to escape.

Saifi, who had himself sustained injuries while carrying out the attack, was later arrested from Ratnagiri by the Anti-Terrorism Squad (ATS) of Maharashtra police and Central Intelligence.

Read Also: 8 Telangana students die by suicide post school exam results

The NIA took over the case from the Kerala Police following an order issued by the Counter Terrorism and Counter Radicalization (CTCR) division under the Ministry of Home Affairs (MHA).

The federal anti-terror agency is probing a larger terror conspiracy which, according to the Kerala Police, led to the radicalization of 27-year-old Saifi who was also reportedly influenced by the inflammatory speeches of Islamic televangelist Zakir Naik.

Officials said the agency is also exploring the possibility that Saifi might’ve had handlers and aides who may have been part of this plot and inter-state links are also being examined.

Last week, a district session court in Kozhikode booked the accused Saifi under section 302 (murder) of the Indian Penal Code in a case filed against him by the Railway police.

The accused had told the police that he acted alone and nobody else was involved, however, officials have claimed that Saifi was part of a preplanned conspiracy and not a lone-wolf attack.

Delhi govt vs Centre: Elected government has power over services, L-G duty-bound to comply, says Supreme Court

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Delhi news

18-year-old stabbed to death by taxi driver in Delhi

An 18-year-old teen was allegedly stabbed to death by a 31-year-old taxi driver following a scuffle between the two in southeast Delhi’s Sarai Kale Khan, officials said on Tuesday, adding that the accused has been arrested.

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Man stabbed to Death

An 18-year-old teen was allegedly stabbed to death by a 31-year-old taxi driver following a scuffle between the two in southeast Delhi’s Sarai Kale Khan, officials said on Tuesday, adding that the accused has been arrested.

According to the police, the cops received information about the incident that took place near the Sarai Kale Khan bus stand on Thursday, and a team was sent to the spot where they found out that there was a scuffle between some locals who lived in the nearby rain basera and a taxi driver.

A senior police official said that the victim, identified as 18-year-old Akash, along with three minors, were on their way home from Gurudwara Bangla Sahib on Thursday when one of the kids accidentally touched an unknown pedestrian, who started shouting and abusing the child.

Giving details, the official said the accused taxi driver, who was passing by, intervened in the quarrel and hit Akash with a wooden stick which he had allegedly taken out from the trunk of the car, following which the victim fell.

Read Also: Pizza delivery man held for molesting 5-year-old in Delhi

Later, Akash’s sister learned about the incident and sent her brothers Vikas and Gaurav to the spot, who along with Akash and his three friends, engaged in another fight with the taxi driver during which the victim was stabbed by the accused.

He said the accused fled the scene afetr the incident and even left his taxi behind. Akash was rushed to the AIIMS Trauma Centre where doctors declared him brought dead.

Following the incident, a case was registered based on the complaint by the deceased boy’s sister, Mona, police said, adding that during investigation,  the taxi’s owner, Ashwani Sharma, a resident of Uttar Pradesh’s Baghpat district, was contacted.

Sharma told the police that he had rented his taxi to the accused, identified as Rupesh Kumar, a resident of Khoda Colony, Pragati Vihar.

The police then raided several known hangouts of the accused and arrested him.

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Delhi news

Pizza delivery man held for molesting 5-year-old in Delhi

In a shameful and shocking incident, a five-year-old girl was allegedly molested by a Pizza delivery boy in southeast Delhi on Sunday, said on Tuesday.

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Pizza Delivery Man

In a shameful and shocking incident, a five-year-old girl was allegedly molested by a Pizza delivery boy in southeast Delhi on Sunday, said on Tuesday.

A senior official of the Delhi Police said the accused, identified as Amit, working as a delivery boy for a multinational Pizza outlet, was arrested for allegedly molesting a five-year-old child while she playing near the stairs inside a residential building in southeast Delhi where the family resides.

The official said the incident came to light when the child told her parents that a pizza delivery boy had touched her inappropriately while she was playing on the staircase. The girl’s family was not home at the time of the incident, he said.

Following the girl’s revelation, the family lodged a complaint against the accused, Amit, a resident of Ambedkar Nagar, at the Lajpat Nagar police station in south Delhi.

Based of the family’s complaint, the accused was arrested and a  FIR under the POCSO Act was registered, police said, adding that further investigation in underway.

Read Also: Delhi man held for molesting, threatening 12-year-old girl: Police

In a similar incident, a 12-year-old girl was allegedly molested by a middle-aged man in Nand Nagri area of Delhi, police said on Tuesday, adding that the accused also purportedly threatened to kill her if she narrated the ordeal to anyone.

According to the Delhi Police, the accused, identified as 38-year-old Mohammad Imam alias Imamuddin, allegedly molested the minor girl on May 6 when the child went to a nearby shop owned by the accused, to buy some provisions. Imamuddin also allegedly threatened to kill her if she told anyone about the incident.

Citing a complaint filed the girl’s family, a senior police official said the incident came to light after the minor told her parents about the incident on Monday (May 8), adding that based on the complaint, police swung into action, lodged an FIR against the accused and arrested him.

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