The Ministry of Home Affairs (MHA) is likely to cancel the Delhi Government’s notification to constitute the Commission of Enquiry into the alleged DDCA scam. The MHA notification in this regard is expected early next week
Top sources told The Pioneer that MHA is already in the process of terming panel as illegal. “The Home Ministry will communicate its order to lieutenant-Governor Najeeb Jung who in turn will pass it on to the Delhi Government,” said the sourecs.
In fact, the l-G in his communication to the Home Ministry had stated that Delhi Government-appointed Commission of Enquiry to probe Irregularities of DDCA was illegal as the Commission of Enquiry Act 1952 empowers only the Centre and the State Governments to appoint it. Since Delhi is a Union Territory, the Commission of Enquiry could be ordered only with the concurrence of the Centre through the l-G. Therefore the Delhi Government’s attempt to constitute the probe panel is riddled with legal and constitutional impropriety, he added.
Sources said that a notification dated August 20, 1964 stated that the Commission of Enquiry could be set up only after approval of the lieutenant-Governor in the case of Union Territory. The Delhi Government issued the notification for the constitution of on December 23 appointing former Solicitor General Gopal Subramanium as the chairperson of the judicial enquiry into alleged financial irregularities. The terms of reference were also announced the same day. Commission has to submit report within three months.
Sources claimed that the MHA is in sync with the advice of the l-G and the decision to annul the Delhi Government order for judicial probe is imminent. Thus the ongoing tussle between the l-G and the Chief Minister would get intensified as the two sides are ready to test the mettle of each other.
On the other hand, the Delhi Congress has also started targeting the stand of Delhi Government. Congress chief spokesperson Sharmistha Mukherjee has criticised the Kejriwal Government for constituting the judicial probe. She said the Delhi Government has no powers to constitute the probe. Therefore, Arwind Kejriwal should support the move of the Congress to constitute the probe in DDCA matter by a Joint Parliamentary Committee (JPC).
She alleged that Kejriwal is interested only in publicity through media on this issue. Therefore he has constituted the judicial probe. If the CM is really keen for thorough probe, then he should join the Congress’ stand for JPC, she added. Now all eyes are on the MHA to see how it responds to the l-G’s advice. If the MHA annuls the Delhi Government’s order, it will open a Pandora’s Box on several issues.