"The elected government of national capital territory of Delhi is neither the Central Government nor the State government within the meaning of Sections 2 and 3 of the Commissions of Inquiry Act 1952. Therefore, it has no jurisdiction or power to set up a commission of inquiry under the said act."
In a new confrontation between the centre and Chief Minister Arvind Kejriwal, the Union Home Ministry has said that the commission of inquiry constituted by the Delhi government to look into the affairs of the Delhi and District Cricket Board (DDCA) as illegal.
The Delhi government had on December 23, issued a notification for setting up of a Commission of Inquiry, headed by former Solicitor General Gopal Subramanium, to probe alleged corruption in Delhi and District Cricket Association (DDCA) between 1992 and 2015, and asked it to submit its report within three months.
The government's notification, as tweeted by ANI, reads:"The elected government of national capital territory of Delhi is neither the Central Government nor the State government within the meaning of Sections 2 and 3 of the Commissions of Inquiry Act 1952. Therefore, it has no jurisdiction or power to set up a commission of inquiry under the said act."
It also says that the Ministry of Home Affairs, Government of India has accordingly held that the notification no 01/66/2015/DOV/15274 dated 22/12/2015 issued by the Directorate of Vigilance, Government of NCT of Delhi is unconstitutional, illegal and therefore has no legal effect."
"The Council of Ministers may please be apprised accordingly and all concerned be advised to act confirmity with the above decision of the Ministry of Home Affairs, Government of India," it said.
Reacting to the notification, AAP leader Ashutosh said, "MHA's order is not tenable as commission of enquiry matter is in the court. Court has not given a stay earlier, despite centre's prayer."
He further added,"Modi govt is trying to shield Jaitley and DDCA corruption despite so much evidence. It's open and shut case. Mr PM what happened to your commitment to fight corruption?"
On Tuesday, pursuing his complaint, Finance Minister Arun Jaitley appeared in a Delhi court and said Arvind Kejriwal and five other AAP leaders have made "false and defamatory" statements and rejected the charge that he had siphoned out money from Delhi's cricket body DDCA for his own benefit.
Recording his statement before Chief Metropolitan Magistrate (CMM) Sanjay Khanagwal in a 70-minute deposition, Jaitley, an eminent lawyer himself, dismissed all the allegations and said he had not received any money from anybody during his tenure as President of Delhi and District Cricket Association (DDCA).
Jaitley had on December 21 filed the criminal defamation case against Kejriwal and five other AAP leaders for allegedly defaming him and sought their prosecution for offences that entail a punishment of up to two years in jail.
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