AAP FIR Illegal: Dr. Subhash C Kashyap(Video)

Mumbai, 28 March 2014

Reliance Industries Limited(RIL) has issued another communication to counter “misinformation” spread by Aam Aadmi Party(AAP) leader Arvind Kejriwal. Following is the full text of statement and video released by RIL.

The FIR relating to gas contracts filed by former Delhi Chief Minister against the Union Government was completely illegal. The Constitution clearly spells out the division of power between and Centre and State very unambiguously. We spoke with constitutional expert and former Secretary General of Lok Sabha, Shri Subhash Kashyap on the issue.

Dr. Subhash Kashyap: Delhi is a centrally administered Union Territory and the President is supposed to be administering it through the Lt. Governor. As a concession to the political forces in Delhi and to the public opinion, a council of ministers and a legislature was conceded to Delhi. But entirely unlike a state legislature their powers are very clearly defined and delimited by the Constitution and by the NCT act.

They do not take away the powers of the Union Parliament and Union Govt over the territory of Delhi and even in the State list the Parliament remains fully authorized to make laws and if there is a contradiction in the laws made by the Parliament and the Delhi Legislative Assembly even in the State list it is the Union law that prevails.

Umesh Upadhyay: When Delhi is not a full-fledged state, can it go to the extent of filing a FIR against a Union Minister?

Dr. Subhash Kashyap: I don’t think it is the function of the CM of Govt of Union Territory of Delhi to be indulging in such acts such as filing an FIR against the Central Government or Ministers or others. In all discussions in the acts of the 49 day Govt at Delhi it is not sufficiently flagged that actually a Govt of the Union Territory of Delhi is not as independent as a Govt of State.

Umesh Upadhyay: Just two days prior to quitting from his position, the then Delhi CM ordered an FIR with the Anti-Corruption Bureau of Delhi, which reports to him and not Delhi police which is under Ministry of Home Affairs. It is clear that neither he was keen on fighting corruption nor willing to follow due legal process. He had an eye on the forthcoming Lok Sabha elections.