New Delhi: Seeking Centre's intervention, LG Najeeb Jung has questioned the legality of appointment of inquiry by Arvind Kejriwal Government to probe DDCA issue, triggering a new round of confrontation with the Chief Minister who said the matter was out of the LG's purview.
"In a communication to the Ministry of Home Affairs, the LG has stated that the Commission of Inquiry Act, 1952 empowers only the Centre and state governments to appoint a commission of inquiry. Since, Delhi is a Union Territory, a commission of inquiry may be ordered only with the concurrence of the Centre, through the LG," sources said.
"Also, the funding for the DDCA comes not only from Delhi but also other states and hence it is not just Delhi Government's jurisdiction to conduct a probe," they added.
The LG is also believed to have cited that the inquiry into the CNG fitness kit scam set up by the Kejriwal government earlier was set aside by the Centre on the same ground.
Delhi Chief Minister Arvind Kejriwal, however, has claimed that the action amounts to "unjustified interference" as the inquiry is "perfectly" legal and Union Minister Arun Jaitley should cooperate with the inquiry commission and stop "misusing" the LG office.
"We are not scared when all the agencies under them including police CBI, DRI are after us, why are they scared with one commission of enquiry," he added.
Kejriwal also maintained that the Transaction Business Rules (TBR) clarify that this file is not needed to be sent to LG for clearance, tersely adding "he is not a dictator".
"According to the Constitution, LG has three subjects under him- police, public order and land. According to the TBR, no other file should go to LG for clearance, he is not a dictator," Kejriwal said.
"The rule says that the commission of enquiry can be instituted by the Cabinet and Legislative Assembly, they are empowered to do so. Raising objections to this is politics to save those who are corrupt," he said on sidelines of an event.
"Jaitley should cooperate with the commission of enquiry and stop misusing the LG house. I also hope that Rajnath Singh will not try to shield him by obstructing the probe," he said.
Delhi Government also issued a statement terming the action by LG as unjustified interference in the functioning of a democratically elected Government.
"This action 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 LG has unsuccessfully tried to block Delhi Government's decision to probe cases of Corruption," it said.
"LG should publicly state what is his interest in scuttling the probe into the DDCA scam and whom is he trying to protect? If LG or MHA are aggrieved, they may approach appropriate courts," it added.
The government further claimed that a whistle blower from DDCA had informed that would be an attempt to get the "Commission of Inquiry scuttled through the LG".
"Details of this whistle blowers meeting with CM were there in that DDCA file, which CBI had been looking for. That information now seems to be coming true," it alleged.
Delhi government had earlier this week appointed 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 had said that the one-member Commission of Inquiry will identify any acts of omission and commission by DDCA and its office-bearers during the period between January 1, 1992 and November 30, 2015 and fix responsibility.
The state cricket body had been headed by Jaitley for around 13 years from 1999 to 2013.