‘Misguided’: Assam Advocate General after Opposition flags his appointment to BCCI as ‘Office of Profit’

In his letter to the CJI, Debabrata Saikia, a Congress leader, alleged that Devajit’s appointment as BCCI interim secretary qualified as taking an “Office of Profit” in violation of privileges of the Assam assembly. This, he argued, is because the AG is a member of the Assembly since he “has the right to speak in, and otherwise take part in the proceedings of the Legislative Assembly”.

“The appointment of Sri Devajit Lon Saikia as Member of the Board of Directors of ICC is also questionable as he must not hold any position of employment with a Member State as per ICC Articles and Memorandum of Association,” the letter, copies of which were marked to Assam’s governor, chief minister, chief secretary and the chairman of the Bar Council of India, said.

It further read: “He being Advocate General of Assam, is in violation of ICC Rules. Also, a holder of India’s constitutional post cannot take upon an international organisation’s fiduciary position, if that organisation has India’s foreign adversaries like Pakistan, Bangladesh etc. as its members. This puts India and (the) State of Assam’s interests at (a) critical compromising position”.

On his part, Devajit Saikia claims that the LOP “is not properly briefed in the facts and law regarding office of profit”.

“If you look at the constitution of the ICC and BCCI, it is clear that these are all honorary positions, not offices of profit. Secondly, the post of AG is not subject to disqualification on grounds of Office of Profit in any case. Either he has not been properly briefed and has been misguided by his lawyers,” he told The Indian Express.