Triggering a fresh round of confrontation with Delhi Chief Minister Arvind Kejriwal, lieutenant-Governor Najeeb Jung has questioned the legality of commission of enquiry set up by the Kejriwal Government to probe DDCA issue and has sought Centre’s intervention. Responding to the same, Kejriwal said that the matter was out of the lt-Governor’s purview. The lG’s action amounts to “unjustified interference” as the enquiry is “perfectly” legal and Union Minister Arun Jaitley should cooperate with the commission and stop “misusing” the l-G office, added the Chief Minister.
“We are not scared when all the agencies under them including police, CBI, DRI are after us, why they are scared with one commission of enquiry,” he added.
Kejriwal also maintained that the Transaction Business Rules (TBR) clarify that this file is not needed to be sent to the l-G for clearance, tersely adding “he is not a dictator”.
“According to the Constitution, the l-G has three subjects under him -- police, public order and land. According to the TBR, no other file should go to the l-G for clearance, he is not a dictator,” Kejriwal said.
“The rule says that the commission of enquiry can be instituted by the Cabinet and legislative Assembly, they are empowered to do so. Raising objections to this is politics to save those who are corrupt,” he said on sidelines of an event.
“Jaitley should cooperate with the commission of enquiry and stop misusing the lG House. I also hope that Rajnath Singh will not try to shield him by obstructing the probe,” he said.
The Delhi Government also issued a statement terming the action by the l-G as unjustified interference in the functioning of a democratically-elected Government.
“This action clearly amounts to unjustified interference in the functioning of a democratically-elected Government. It is unconstitutional and violates the Transaction of Business Rules, 1993. This is the second instance within four months when the lG has unsuccessfully tried to block Delhi Government’s decision to probe cases of corruption,” it said.
“The l-G should publicly state what is his interest in scuttling the probe into the DDCA scam and whom is he trying to protectIJ If the l-G or the MHA is aggrieved, they may approach appropriate courts,” it added.
The Government further claimed that a whistleblower from DDCA had informed that would be an attempt to get the “Commission of Enquiry scuttled through the l-G”.
“Details of this whistleblower meeting with the CM were there in that DDCA file, which CBI had been looking for. That information now seems to be coming true,” it alleged.
In a communication to the Ministry of Home Affairs, the l-G is said to have stated that the Commission of Enquiry Act, 1952 empowers only the Centre and State Governments to appoint a Commission of Enquiry. “Since, Delhi is a Union Territory, a Commission of Enquiry may be ordered only with the concurrence of the Centre, through the l-G,” sources said.
“Also, the funding for the DDCA comes not only from Delhi but also other States and hence it is not just Delhi Government’s jurisdiction to conduct a probe,” they added.
The l-G is also believed to have cited that the enquiry into the CNG fitness kit scam set up by the Kejriwal Government earlier was set aside by the Centre on the same ground.
The Delhi Government had earlier this week appointed a Commission of Enquiry, headed by former Solicitor General Gopal Subramanium, to probe alleged corruption in Delhi and District Cricket Association (DDCA) between 1992 and 2015, and asked it to submit its report within three months.
The Government had said that the one-member Commission of Enquiry 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.
The state cricket body had been headed by Jaitley for around 13 years from 1999 to 2013.