Triggering another row, the Centre has declared as “unconstitutional and illegal” the constitution of Commission of Inquiry into the DDCA affairs by the AAP dispensation in Delhi in the continuing battle between the two governments.
“Ministry of Home Affairs, Government of India, has accordingly held that the notification…..issued by the Directorate of Vigilance, Government of NCT of Delhi, is unconstitutional, illegal and therefore has no legal effect,” said a letter issued by Delhi LG’s office yesterday.
The rejection of the Delhi government’s decision to probe the affairs of Delhi and District Cricket Association (DDCA) comes on top of a bitter fight between the Arvind Kejriwal-led AAP government and the Centre after the raid on the Delhi Secretariat a month ago.
The raid had stoked a clash between the two with Kejriwal alleging that it was meant to seize some files purportedly containing details of alleged corruption in DDCA when Finance Minister Arun Jaitley was its president between 1999 and 2013.
Kejriwal followed up his charge by his government decision to constitute a probe under the Commission of Inquiry Act headed by former Solicitor General Gopal Subramanium, who has contended that Delhi government has the authority to constitute such a probe which he would go ahead with.
As the fight continued, the Central government on Wednesday sent a communication that “the elected Government of National Capital Territory of Delhi is neither the Central Government nor the State Government within the meaning of Section 2 and 3 of the Commission of Inquiry Act, 1952. Therefore, it has no jurisdiction or power to set up a Commission of Inquiry under the said Act.”
The Union Ministry of Home Affairs came to the conclusion after considering the provisions in Art 239 and 239 AA and read with provisions of General Clauses Act including the Government of India notification of August 1966.
The communication, which was sent to LG, 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.”
The AAP government had on December 22 issued a notification to set up a Commission of Inquiry to probe alleged financial irregularities in the DDCA.