Published: December 30, 2015 01:23 IST | Updated: December 30, 2015 01:58 IST NEW DELHI, December 30, 2015
Legal experts question validity of DDCA probe panel
The Hindu
Former Solicitor-General Gopal Subramanium said the inquiry will be transparent.Political vendetta seems to be the commission’s agenda, says Justice R.S. Sodhi.
A section of legal experts here on Tuesday questioned the validity of appointment of the Commission of Inquiry by the Delhi government to probe the alleged irregularities in DDCA affairs, saying the move smacked of “bias and political vendetta” rather than serving public interest with legal enforcement.
After the Delhi government appointed the panel under the Commissions of Inquiry Act, 1952, former Solicitor-General Gopal Subramanium, who heads the Commission, has stated that its terms of reference had set out to obtain a “level of fairness and objectivity” in the inquiry.
Disagreeing with Mr. Subramanium’s observations, former Delhi High Court Judge, Justice R.S. Sodhi, said the Delhi government was not empowered in the first place to order such a probe, as Delhi did not enjoy full statehood and the DDCA was a corporate entity registered under the Companies Act.
Justice Sodhi told The Hindu that if there were reports about irregularities or some criminal acts in the DDCA, the legal course of action to take would have been making a complaint in the court. “This is what was done in the National Herald case involving the issues of transfer of loan and acquiring of shareholding,” he said.
Justice Sodhi said Mr. Subramanium had compromised his position by accepting the position of the commission’s chairperson and was in fact drawing his power from a “totally illegal notification”. He wondered why the former law officer was so keen on justifying the panel’s legality and had written to the National Security Adviser asking for a team of officers. The former judge said political vendetta seemed to be the commission’s real agenda, rather than a fair probe to protect the interests of players and the game of cricket.
Supreme Court lawyer and activist Prashant Bhushan said Delhi continued to be a Union Territory after the enactment of the Government of National Capital Territory of Delhi Act, while the Commissions of Inquiry Act empowered only the Centre and State governments to set up such a panel. “In my view, the commission’s appointment will be struck down in the High Court.”
However, former Lok Sabha Secretary-General P.D.T. Achary said the Delhi government was within its powers to appoint the Commission, as all subjects except public order, land and police were within its domain. “Under the Constitution, Delhi is considered almost a State and sport is a State subject, in which an inquiry can be ordered,” he said.
Printable version | Dec 30, 2015 5:39:25 AM | http://www.thehindu.com/news/national/legal-experts-question-validity-of-ddca-probe-panel/article8042494.ece
Published: December 29, 2015 13:25 IST | Updated: December 30, 2015 01:25 IST New Delhi, December 29, 2015
Centre dismisses Gopal’s plea for NSA help in DDCA probe
The Hindu
Former Solicitor-General Gopal Subramanium. File photoThe former Solicitor-General Gopal Subramanium has written to National Security Adviser Ajit Doval, seeking dossiers of five officers each from the IB, the CBI and the Delhi Police to assist him in investigations into the alleged financial irregularities in the Delhi and District Cricket Association (DDCA).
The Union Home Ministry, the administrative ministry for Delhi government affairs, termed the letter “silly” and “unprecedented.”
The Ministry was also sending a letter to the Aam Aadmi Party-led Delhi government, terming the commission of inquiry it has set up invalid since Delhi is not a full State.
Mr. Subramanium, who has accepted the offer to head the commission, wrote to Chief Minister Arvind Kejriwal requesting him to send the names of five “outstanding” investigative officers from the Anti-Corruption Branch with their dossiers. He told Mr. Kejriwal that he had written to Mr. Doval as the Central government “itself called upon the Delhi government” to get an investigation done into the alleged irregularities. “Obviously, this means the Central government would render all possible assistance,” the top lawyer wrote. In his letter to Mr. Doval, Mr. Subramanium said: “Some of the disclosures may also pertain to national security.”
Ministry officials said the very nature of the IB was to remain incognito and it was not an investigating agency. Technically, the NSA’s office does not fall into the channel of communication order.
Plea to NSA part of procedure: Gopal
Mr. Subramanium told a TV channel that his request to National Security Adviser Ajit Doval for assistance in a probe into the Delhi and District Cricket Association (DDCA) ‘scam’ was part of the enquiry procedure which calls for appropriate “logistical infrastructure.”
In his letter to Mr. Doval, Mr. Subramanium wrote: “...it is important that I must ask you to step in and offer suitably qualified officers who will also be morally endowed to assist the Commission.”
From Mr. Doval, Mr. Subramanium sought shortlisted dossiers of five of the “best officers of the IB, who should be of the level of joint director and below,” five officers from the CBI and five officers of the Delhi Police, with their records. “I would leave it to your discretion to choose any officer(s) from any of the other State cadres you believe to be competent,” he added.
“I don’t want in hindsight to feel that he [Doval] was not sufficiently briefed as he is a person who understands the ramifications correctly and that is why I wrote to him. I cannot judge by my personal imagination who can be a competent person to investigate,” he said.