The Centre on Tuesday described as “unprecedented” and “without logic” a request from the Delhi government’s probe panel head to national security adviser Ajit Doval for five officers each from central agencies to assist him in the inquiry into alleged irregularities in Delhi’s cricket body.
Former solicitor general Gopal Subramanium, who is heading the one-man commission to look into allegations of administrative and financial mismanagement in the Delhi and District Cricket Association (DDCA), wrote to Doval for officers from the Intelligence Bureau (IB), CBI and Delhi Police.
“Some of the disclosures may also pertain to national security ... 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,” he wrote.
Doval may refer the letter to ministries of home and personnel, sources said.
In a similar request, Subramanium asked chief minister Arvind Kejriwal to send him names of five “outstanding” investigative officers from the anti-corruption branch along with their dossiers.
A Union government official said the national security adviser is not the right channel to put such a demand. “Besides, asking for officers from the IB, which is an intelligence agency and not a probe agency, is unprecedented and unacceptable because it will expose their identity. Also, how can a commission of inquiry appointed by a state government and without any judicial order seek services of central government employees. Lastly, constitution of the commission by the state government is under question,” the official said.
Union home ministry sources said the Subramanium panel would be declared null and void because the Delhi government was not a competent authority to institute such an inquiry.
Since Delhi doesn’t have full statehood, it cannot set up a probe panel under the Commission of Inquiry Act, 1952.
Moreover, the inquiry was ordered by the Delhi government’s vigilance department without approval from lieutenant-governor Najeeb Jung. He has already questioned the legality of appointment of the panel by the AAP government.
In August, the Kejriwal government’s efforts to constitute a commission of inquiry, headed by a former high court judge SN Aggarwal, to look into the CNG fitness certificate scam of the transport department was defeated.
When Jung referred the matter to the Union home ministry, it declared the notification for the Agarwal panel void, saying the Delhi government was not a competent authority to set up an inquiry.
The DDCA probe panel looks headed for a similar fate because without the lieutenant-governor’s approval it remains without constitutional validity.