The Union home ministry has turned down a request by the AAP government-appointed commission of inquiry chairman Justice S.N. Aggarwal (Retd.) seeking directions to anti-corruption branch chief Mukesh Kumar Meena to provide him all the records pertaining to the CNG fitness scam.

After getting a six-month extension to probe the scam, Justice Aggarwal had requested lieutenant-governor Najeeb Jung to issue directions to Mr Meena to provide him all the relevant documents so that he could initiate the inquiry.

In a letter to Mr Jung on December 30, Justice Aggarwal had said “since the relevant record pertaining to the inquiry by the commission is in possession of Mr Meena and as he is presently working under your direct control, you may kindly direct him 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.”

In his reply to Justice Aggarwal, the L-G expressed his inability to issue any such directions to Mr Meena. Quoting a letter from the Union home ministry, Mr Jung said that the commission of inquiry has been declared legally invalid and therefore void ab initio. The L-G said he was constitutionally bound to follow the instructions of the Centre and was therefore unable to assist him in this matter.

On September 11, the commission through its order had directed Mr Meena to produce the relevant records in his power and possession related to the CNG scam for initiating the inquiry. Even coercive orders were issued against Mr Meena for his failure to produce the records before the commission as per the earlier orders in this regard duly served upon him.

Since the Union home ministry declared the commission of inquiry as illegal, invalid and void ab initio, Justice Aggarwal had said that the issue relating to the powers of the chief minister to constitute the probe panel under the Commission of Inquiry Act and the validity thereof was sub-judice before the Delhi high court. In its statement in September, the MHA had said, “It has been clarified that the GNCTD (Government of National Capital Territory of Delhi) is not the competent authority to set up such an inquiry 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 ACB chief had also reportedly refused to follow the commission’s order to appear before it on basis of the MHA notification. Following media reports that the Aggarwal commission was yet to initiate probe proceedings, the chief minister had stated in the Delhi Assembly that the commission was still working. Earlier, a special court had turned down the AAP government’s notification on appointment of B.S. Joon as special public prosecutor.