Court ruling a relief for Arun Jaitley, Sheila Dikshit

In a big relief to Union finance minister Arun Jaitley and former Delhi chief minister Sheila Dikshit, the high court on Thursday ruled that separate commission of inquiries instituted by the AAP government to probe into the CNG fitness scam and irregularities in the DDCA were without the approval of lieutenant-governor Najeeb Jung. The L-G had already termed the notifications issued related to these inquiry commissions as null and void.

A bench of Chief Justice G. Rohini and Justice Jayant Nath said that the government’s notifications of August 11, 2015, and December 22, 2015, regarding commissions of inquiry were issued without taking concurrence of the L-G. “Therefore, the appointment of the commission of inquiry merely on the basis of the Cabinet decision without approval of the LG is without jurisdiction.”

The court said that the impugned notification dated December 22, 2015, under which Commission of Inquiry has been appointed on the basis of the resolution adopted by the Legislative Assembly of NCTD without seeking the views/concurrence of the Lieutenant Governor is without “jurisdiction and illegal”.

The Directorate of Vigilance of the Delhi government had on August 11 last year appointed a Commission of Inquiry to go into all aspects of award of work related to grant of CNG fitness certificates in the Transport Department and there was a subsequent probe. On December 22, 2015, the government had appointed a Commission of Inquiry into the allegations of irregularities in the functioning of Delhi and District Cricket Association (DDCA).

The AAP government had contended in court that prior approval of the LG was not required since the appointment of a commission of inquiry does not fall within the ambit of the Article 239AA(3)(a) of the Constitution. The Centre had, however, countered these submissions, saying that a commission of inquiry may be appointed under section 3 of the Commission of Inquiry Act, 1952, by the “appropriate government”. The Centre had said that in relation to the administration of NCTD, the “appropriate government” shall be the central government or the L-G, who is the delegate of the President.