Even as the Centre is considering giving extension to chief secretary Naresh Kumar for a six month, Delhi Revenue Minister Atishi on Wednesday submitted a supplementary report to Chief Minister Arvind Kejriwal on corruption allegations against Kumar and his son in the Bamnauli land acquisition matter. In the fresh report, Atishi reiterated her recommendation for suspension of the chief secretary. Based on the findings in the supplementary report, the Vigilance Minister requested the LG to review his position and refer this matter to the ED and CBI investigate to investigate not just the actions of the then DM but also the role of the Chief Secretary and the Divisional Commissioner, along with the role of his son and his business associates/partners in this matter.
Delhi Lieutenant Governor Vinai Kumar Saxena has already refused to consider the first report forwarded by the Kejriwal seeking removal and CBI/ED investigation against Kumar in the Bamnauli land acquisition controversy. The LG observed that the Chief Secretary had taken action against the District Magistrate (DM). The matter pertains to alleged corruption in acquisition of 19 acres of land in southwest Delhi's Bamnauli village.
Taking a dig at the AAP government, the leader of opposition in Delhi Assembly, Ramvir Singh Bidhuri said the AAP ministers are busy in making reports against officials and they did nothing. "They are making every effort to implicate the chief secretary in a corruption case because he (Naresh Kumar) exposed them in excise policy scam case, sheeeshmahal scam case. In this case, Chief Secretary has himself recommended to the MHA for CBI probe. The AAP ministers including Chief Minister do not have any vision to run the government and welfare of the people," Bidhuri said.
In view of this, the Vigilance Minister noted that the Chief Secretary and Divisional Commissioner resorted to mere "Shadow Boxing;" despite knowing all the facts, the DM was not suspended for three and half months. The Vigilance Minister's report claimed that Chief Secretary did not take any action against the DM South West. Minister Atishi wrote to the LG, that silence and delay in suspension of DM South West seem deliberate and wilful at behest of the Chief Secretary and Divisional Commissioner. "The Chief Secretary made every possible effort to save District Magistrate (DM) South West. Further, the Vigilance Minister requested the LG emphasizing the necessity to suspend CS until investigation takes place," she in her report.
Kumar had earlier denied any wrongdoing and alleged that people with "vested interests" against whom vigilance action was taken for corruption were indulging in "mud-slinging".
"The purpose of the preliminary report was to examine the allegations made in the complaint and to see if there is any material, prima facie, for investigation by appropriate agencies in this matter. There is a clear relation of the Chiel Secretary with the illegally benefitted land owners through his son, leading to a reasonable suspicion that he may have influenced/ pressurized the erstwhile DM to pass the exorbitant award," Atishi said in the fresh report.
"In light of the LG's note, the aforementioned findings require some elaboration so that the LG may appreciate the gravity of this matter and the complicity of high-ranking officers. The only recourse available for setting aside the award was for the NHAI to approach the competent court under Section 34 of the Act. Even the National Highways Act confers no powers on the DM acting as the arbitrator to rectify his award. So, what exactly were these two senior officers trying to achieve by directing Hemant Kumar (DM South West) to "undo the wrong" when they, being such high-ranking officers, would have been very well aware that the DM had no authority under law to do so? If the DM did have the power to 'undo' the award, then why was the new DM South West, Lakshaya Singhal (appointed on 21.09.2023) not given directions to do the same? Why they did the Lakshaya Singhal it over turn the inflated award? Why did the award get overturned ony when NHAI went into appeal before the High Court? The fact that the new DM was not directed to overturn the inflated award, by the Chief Secretary and the Divisional Commissioner, indicates that both of them were aware that such directions were legally untenable," the report said.
"In fact, the Directorate of Vigilance (DoV) report suffers from the same glaring legal defect, when it accepts on face value the propriety of the Finance Secretary and the Divisional Commissioner asking the erstwhile DM to rectify his order. The report not only conflates correction of the award, 'interpretation' of the award, and 'additional award', but also goes on to endorse the legally untenable argument that Hemant Kumar could have modified his award under Scction 34 of the Arbitration Act," it said Atishi's first report also recommended that the matter be referred to the Central Bureau of Investigation (CBI) or the Enforcement Directorate (ED) and the chief secretary be suspended till the completion of probe. The minister's first report was sent to Lieutenant General V K Saxena by Kejriwal. The LG, however, did not consider it, saying it was based on "preconceived assumptions" while pointing out that a CBI probe was already underway in the matter.
