The law ministry has rejected the Aam Aadmi Party government's demand to amend section 176 of the Code of Criminal Procedure, 1973.
The Delhi government engaged in a power tussle with the Delhi Police and wanted that it should also have some kind of enquiry power related to certain cases - basically to refer the matter to Sub-Divisional Magistrate (SDM).
At present, an SDM comes into picture only when the police wants it. The Delhi government as per the law cannot refer a case to SDM.
The Delhi government through this bill wanted to amend section 176 and insert a clause that will give them the power to ask SDMs to conduct enquiries in cases of deaths and rapes.
AAP legislator from Narela Sharad Chauhan was arrested by the police in connection with the suicide of a woman worker of the ruling party.
The home ministry had written to the law ministry seeking their advice on whether the legislative assembly of Delhi has the legislative competence to enact the code of criminal procedure (delhi amendment) bill, 2015.
The secret note of the law ministry accessed by CNN-News18 shows that the law ministry has rejected this view saying that the 'Parliament is the legislative body competent to make laws for the national capital region of Delhi.'
It further says that - 'Delhi legislative assembly has no legislative competence to legislate on the same subject. That article 239AA of the constitution does not empower the Delhi legislative assembly to enact any law on the same subject or effect any amendment thereto'.
Top government sources said that AAP is worried after a spate of complaints made against many of their MLAs.
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