After getting six months extension to probe the CNG fitness scam, the Commission of Enquiry headed by justice (retired) SN Aggarwal has approached lieutenant-Governor Najeeb Jung to direct ACB chief Joint Commissioner of Police Mukesh Kumar Meena to provide all records pertaining to CNG fitness scam so that the probe could be started.
In a letter to the l-G dated December 30, 2015, justice Aggarwal said, “Since the relevant record pertaining to the enquiry by the Commission is in possession of Meena and as he is presently working under your direct control. You may kindly direct Meena to produce the entire record relating to the CNG fitness scam in his
possession before the Commission within a week of the receipt of this request in your office so that nobody is blamed for obstructing or unduly delaying the proceeding of the Commission at a later date”.
“This Commission vide its order dated September 11, 2015 had directed Meena Joint Commissioner of Police, ACB to produce the relevant record in his power and possession related to the CNG fitness scam required by the Commission in connection with the enquiry. On that day coercive orders were also given against Meena for failure on his part to produce the record before Commission as per the earlier orders in this regard duly served upon him”.
“The issue relating to the powers of the Chief Minister to constitute the Commission of Enquiry under the Commission of Inquiry Act and the validity thereof is sub- judice in the Delhi High Court Bench”, the letter said.
The Ministry of Home Affairs (MHA) has already declared the Commission on CNG fitness scam as illegal, invalid and void ab initio.
“It has been clarified that the GNCTD (Government of National Capital Territory of Delhi) is not the competent authority to set up such an enquiry under various provisions of the Commission of Inquiry Act 1952. The notification issued by the GNCTD has therefore declared illegal, invalid and void ab initio”, the MHA had stated in a statement issued earlier in September.
It is also noted that the ACB chief had also reported to have refused the Commission’s order to appear before it on the ground of MHA notification.
Following media reports that the Aggarwal Commission - yet to start proceedings — is defunct as it has yet to start probe till date, the CM had stated in the Assembly that Commission is still working.
Earlier the special court had turned down the AAP Government’s notification appointing BS Joon as Special Public Prosecutor observing that the l-G appointed Special Public Prosecutor Sanjay Kumar Gupta would conduct proceedings in the matter.