MHA says DDCA probe illegal, AAP strikes back

Centre trying to save Jaitley: AAP leader

Triggering another row, the Centre has declared as “unconstitutional and illegal” the constitution of a commission of inquiry to probe alleged financial irregularities in Delhi District Cricket Association (DDCA) affairs by the AAP government in the national capital. Delhi CM Arvind Kejriwal hit back, saying the commission set up by the AAP government was as per the law and the Constitution and the Centre’s opinion was not binding on his government.

A letter issued by the office of lieutenant-governor Najeeb Jung on Thursday had said the Union home ministry had accordingly held the notification issued by the directorate of vigilance, Government of NCT of Delhi, was “unconstitutional, illegal and therefore has no legal effect”.

The rejection of the Delhi government’s decision to probe DDCA affairs comes on top of a bitter fight between the Arvind Kejriwal government and the Centre after the CBI raid on the Delhi Secretariat a month ago. The raid stoked a clash between the two, with Mr Kejriwal alleging it was meant to seize some files purportedly containing details of alleged corruption in the DDCA when finance minister Arun Jaitley was its president between 1999 and 2013. The CM followed up his accusation with his government’s decision to set up a probe under the Commissions of Inquiry Act headed by former solicitor-general Gopal Subramanium, who contended the Delhi government has the authority to set up such a probe, and that he would go ahead with it.

As the tussle between the two governments continued, the Centre on Wednesday sent a communication that “the elected Government of the National Capital Territory of Delhi is neither the Central Government nor the State Government within the meaning of Section 2 and 3 of the Commissions of Inquiry Act 1952”. It added: “Therefore, it has no jurisdiction or power to set up a commission of inquiry under the said Act.”

The MHA came to this conclusion after considering the provisions in Articles 239 and 239AA, read with the provisions of the General Clauses Act, including the Government of India notification of August 1966. The communication, which was sent to the L-G, said: “The council of ministers (Delhi government) may please be apprised accordingly, and all concerned be advised to act in conformity with the above decision of the ministry of home affairs, Government of India.”

Defending his government’s order, Mr Kejriwal said the commission had been appointed in accordance with law and the Constitution and asked the lieutenant-governor, the Union home ministry and the Prime Minister’s Office to approach the judiciary in case they are “aggrieved” with the panel formed through a notification on December 22 last year.

In a series of tweets, Mr Kejriwal said: “DDCA enquiry commission set up by Delhi Govt is as per law and constitution of India. Centre’s opinion not binding on Del govt. Commission will continue work. If LG or MHA or PMO aggrieved, they may approach Court. Only a court order can stop commission’s work.”

Senior AAP leader Ashutosh claimed the Centre wanted to “save” Mr Jaitley by declaring illegal the commission that was trying to throw light on his “role” during his tenure as head of the cricket body.

Mr Ashutosh said the step taken by the BJP government was aimed at “saving” Mr Arun Jaitley, and to make sure “his role in the DDCA scam does not get exposed.” The AAP leader said at a press conference: “Despite such attempts, they would not be able to save Jaitley.”

He then added: “It has been proved the Modi government has no intention to probe any irregularities in DDCA and the Centre’s move is legally and politically wrong. The letter sent by the Centre to the Delhi government is sort of a love letter which we have got used to.”

Mr Ashutosh went on: “In the CNG fitness scam too, we had set up an inquiry commission. The court did not quash it. It said the government should not resort to coercive measures but it did not quash the inquiry panel, and so the Centre’s move also makes it clear that they do not have any respect for the judiciary.”