AAP-led Delhi government’s enquiry into the alleged irregularities in Delhi’s cricket body – DDCA has been declared “illegal” by the Centre. Terming the one-man panel headed by former Solicitor General Gopal Subramanian as “unconstitutional”, Delhi Lieutenant Governor’s office stated that Delhi government has no jurisdiction to set up such a panel. The issue had led to a confrontation between the BJP-led Central government and AAP, with LG Najeeb Jung seeking Centre’s intervention questioning the legality of the initiation of inquiry.
Communicating Union Home ministry’s decision to the Delhi government, LG Office stated that its notification on the commission of enquiry is “unconstitutional, illegal and there has no legal effect”. Centre had communicated its decision to the Delhi LG Office on Wednesday, January 6, 2016.
“The elected Government of National Capital Territory of Delhi is neither the Central Government nor the State Government within the meaning of Section 2 and 3 of the Commission of Inquiry Act, 1952. Therefore, it has no jurisdiction or power to set up a Commission of Inquiry under the said Act,” it further stated.
The Union Ministry of Home Affairs came to the conclusion after considering the provisions in Art 239 and 239 AA of the Constitution and other related sections and the provisions of General Clauses Act including the Government of India notification of August 1966.
The letter sent by Secretary to LG, SCL Das to the Chief Secretary of Delhi further said, “The council of Ministers (Delhi Government) may please be apprised accordingly, and all concerned be advised to act in conformity with the above decision of the Ministry of Home Affairs, Government of India.”
Delhi CM Arvind Kejriwal, however, questioned the Union Home ministry’s order, even as it claimed that the probe in DDCA will go on.
“DDCA enquiry commission set up by Delhi Govt is as per law and constitution of India. Centre’s opinion not binding on Del govt. Commission will continue work. If LG or MHA or PMO aggrieved, they may approach Court. Only a court order can stop commission’s work,” Kejriwal said in a series of tweets.
The probe into the alleged financial irregularities was launched by Delhi government soon after the CBI raids in the office of Delhi CM Arvind Kejriwal’s principal secretary Rajendra Kumar last month.
The government had said that the one-member Commission of Inquiry will identify any acts of omission and commission by DDCA and its office-bearers during the period between January 1, 1992 and November 30, 2015 and fix responsibility.
Kejriwal and the AAP had gone on to extent of accusing Union Finance minister Arun Jaitley in the DDCA issue after which the latter had filed a defamation suit against Kejriwal and five other AAP leaders in a Delhi court.
(With inputs from the PTI)