Delhi Chief minister on Friday challenged the Union Finance Minister, Arun Jaitley and Prime Minister Narendra Modi asking why they were scared of the city government’s commission of enquiry into DDCA corruption.
Later in the day, the AAP government, released a detailed press note countering the reports that the Lieutenant Governor, Najeeb Jung, had rejected the elected government’s decision to launch a probe into DDCA corruption.
Here’s the detailed clarification by the government!
“It has been reported in a section of the media that Hon’ble Lieutenant Governor of Delhi has written to the Central Government that the Commission of Enquiry set-up by the Delhi Government to probe the large-scale irregularities in the DDCA is illegal and ought to be set aside.
This action of the Hon’ble Lieutenant Governor clearly amounts to unjustified interference in the functioning of a democratically elected Government; it is unconstitutional and violates the Transaction of Business Rules, 1993.
This is the second instance within four months when the Hon’ble LG has unsuccessfully tried to block Delhi Government’s decision to probe cases of Corruption.
Earlier, in August, the Hon’ble LG had sent a similar letter to the Union Ministry of Home Affairs, in which he had recommended that the Commission of Enquiry to probe the CNG scam be set aside. On the advice of Hon’ble LG, MHA declared the said Commission null and void. Such declaration of MHA was without jurisdiction and unconstitutional. Because when MHA’s declaration came up before Hon’ble High Court of Delhi for scrutiny, Hon’ble High Court refused to stay the proceedings of the said Commission (Commission has only been asked by Delhi High Court to restrain from using coercive methods pending proceedings). The said Commission is still functioning. Therefore, LG’s advice caused a huge embarrassment to MHA at that time. LG’s advice to MHA at that time was also suspect because his own role in CNG fitness scam was under scanner.
Now Hon’ble LG wants Commission of Enquiry on DDCA to be set aside by Central Government. Hon’ble LG has been interfering in every aspect of democratically elected government. He does not have the powers to do so. Whereas three subjects namely police, land and public order are in his exclusive domain, all the other subjects fall within the domain of elected Government. Other than theses three subjects, which other files should go to LG – this is clearly listed in Rule 23 of Transaction of Business Rules. Other than the list of files mentioned in Rule 23,
No other file needs to be sent to LG. Copy of Rule 23 is annexed.
Setting up any Enquiry to probe allegations of corruption/ irregularities in a subject like sports, which squarely falls within the domain of the Delhi Government, does not require any consent of the Hon’ble LG. Therefore, LG or Central Government do not have powers to scuttle Commission of Enquiry.
Hon’ble LG should publicly state what is his interest in scuttling the probe into the DDCA scam and whom is he trying to protect?
A whistle blower from DDCA had informed the Chief Minister that Shri Arun Jaitley had assured officials of DDCA that LG is his own man and Shri Jaitley would get the Commission of Enquiry scuttled through LG. Details of this whistle blowers meeting with CM were there in that DDCA file, which CBI had been looking for. That whistle blower’s information now seems to be coming true.
The MHA would be well advised to stay away from interfering in the functioning of the Delhi Government, particularly on a subject which is in the domain of the Delhi Government. MHA does not have powers to stay the notifications of an elected government. If LG or MHA are aggrieved, they may approach appropriate Courts.
GNCTD reiterates that the Commission of Enquiry is perfectly legal and within the jurisdiction competence of GNCTD.
Shri Arun Jaitley should cooperate with Commission of Enquiry and rather than using LG to scuttle Commission’s work. What is Shri Jaitely afraid of?
23. The following classes of proposals or matters shall essentially be submitted to the Lieutenant Governor through the Chief Secretary and the Chief Minister before issuing any orders thereon, namely: (i) matters which affect or are likely to affect the peace and tranquility of the capital;
(ii) matters which affect or are likely to affect the interest of any minority community, Scheduled Castes and backward classes;
(iii) matters which affect the relations of the Government with any State Government , the Supreme Court of India or the High Court of Delhi;
(iv) proposals or matters required to be referred to the Central Government under the Act or under Chapter V;
(v) matters pertaining to the Lieutenant Governor’s Secretariat and personnel establishment and other matters relating to his office;
(va) matters on which Lieutenant Governor is required to make order under any law or instrument in force;
(vi) petitions for mercy from persons under sentence for death and other important cases in which it is proposed to recommend any revision of a judicial sentence;
(vii) matters relating to summoning, prorogation and dissolution of the Legislative Assembly, removal of disqualification of voters at elections to the Legislative Assembly, Local Self Government Institutions and other matters connected with those; and
(viii) any other proposals or matters of administrative importance which the Chief Minister may consider necessary.”