Arvind Kejriwal government does not have power to set up probe panels: High Court

The Delhi Cabinet had passed a resolution to set up the Commission of Inquiry after a three-member committee gave its ‘report’ on “maladministration” in the DDCA.

Written by Aneesha Mathur | New Delhi | Updated: August 5, 2016 5:53:31 am

On December 22 last year, the AAP government notified a Commission of Inquiry headed by former Solicitor General of India, Gopal Subramanium, to look into alleged malpractices and financial irregularities in the functioning of Delhi & District Cricket Association (DDCA) and maladministration of the game of cricket in Delhi.

The Delhi Cabinet had passed a resolution to set up the Commission of Inquiry after a three-member committee gave its ‘report’ on “maladministration” in the DDCA.

The AAP had attacked Finance Minister Arun Jaitley, who had been the DDCA president during a part of the period of inquiry, for “financial irregularities”, though he had not been named in the inquiry report.

The controversy resulted in a criminal defamation complaint and a civil defamation suit for Rs 10 crore in damages being filed by Jaitley against Chief Minister Arvind Kejriwal and five other AAP leaders. Both cases are pending before courts.

Meanwhile, the LG, in January, issued a letter declaring that the Commission of Inquiry notification issued by the Directorate of Vigilance was “illegal and unconstitutional”, as the files had not been sent to the LG. Days after the central government letter, a PIL was filed before the Delhi High Court by advocate Ramakant Kumar, challenging the validity of the commission.

The HC Thursday held that the Delhi government did not have the power to set up a Commission of Inquiry.

“Central government is the appropriate government to appoint such commissions. Notification of appointment of the commissions could not have been issued without seeking views of the LG,” said the HC.

The Delhi government had also decided to set up a commission to probe the CNG fitness scam, in which former CM Sheila Dikshit was also named.

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