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State doesn't have policing power over centre: Solicitor General

Posted on April 05, 2014 from Delhi ι Report #514

New Delhi, April 5 (IANS) A state government does not have policing powers over the central government, Solicitor General Mohan Parasaran has said while giving his opinion on the decision of filing police complaints against Petroleum Minister M. Veerappa Moily on the gas pricing issue.

In an opinion given to the government, Parasaran said the "course of action" adopted by the erstwhile Arvind Kejriwal government in Delhi was against the federal structure of the country.

Parasaran told IANS Saturday that a state government does not have policing powers over the centre.

The Aam Aadmi Party government's decision of filing an FIR against Moily on the gas pricing issue was against the principles of federalism, he said.

His reply came after an opinion was sought from him by the central government.

However, Parasaran cautioned that Delhi Lt. Governor Najeeb Jung should not take steps to get declared as 'non est' (non existent) the FIR against Moily, former petroleum minister Murli Deora and Reliance Industries chairman Mukesh Ambani.

Instead, either the central government should file an original suit in the Supreme Court or the affected parties should approach the high court for remedy.

In February, the Delhi government had ordered filing of criminal cases against Moily, Deora, Ambani and others following complaints of irregularities in pricing of natural gas in the Krishna Godavari basin.

The then chief minister Kejriwal had said the anti-corruption branch of the state government will probe the matter based on a complaint filed by former cabinet secretary T.S.R. Subrmanian, former navy chief Admiral A.H. Tahiliani and eminent lawyer Kamini Jaiswal, besides a former expenditure secretary.