MHA shoots down Delhi govt’s probe panel

The MHA’s decision has virtually <g data-gr-id="32">spelt</g> curtains for the investigation that raised questions on Lieutenant Governor Najeeb Jung’s role.

The reopening of the fitness scam by the AAP government had raised several eyebrows and was bound to have major repercussions. Firstly, it was in defiance of the LG’s firm order, and, secondly, it was bound to send a negative indication to bureaucrats, a few of whom who were accused in the case have even retired.

“Delhi government is not the competent authority to set up such an inquiry under various provisions of the Constitution and the Commissions of Inquiry Act 1952. The notification issued by the government has, therefore, been declared legally invalid and void ab initio,” said a press statement from the LG’S office on Friday conveying the decision of the MHA.

“It is further clarified that on the orders of the LG, the <g data-gr-id="30">Anti Corruption</g> Branch (ACB), Delhi, is looking into the entire matter afresh. Notices have been issued by the ACB to all concerned, including government officers named in the original complaint. The ACB has been asked to complete the investigation on priority,” added the statement.

It is important to mention that the matter was closed by the LG but after coming to power, Delhi Chief Minister Arvind Kejriwal ordered the ACB to re-open the case and even registration of an FIR against Jung. The latter, in an over-night decision, appointed M K Meena, Joint Commissioner of Police, New Delhi, as the new ACB chief in place of Kejriwal-appointed <g data-gr-id="38">S S</g> Yadav, apparently to mitigate the FIR.

The Kejriwal government challenged the appointment and the case is still pending in Delhi High Court. The Chief Minister had been critical about LG’s alleged “wrongful denial of sanctions to prosecute guilty officers”.

The Delhi Cabinet on August 11 had constituted a one-man independent Commission of Inquiry chaired by Retired Justice S N Agarwal, <g data-gr-id="42">former</g> judge of Delhi and Madhya Pradesh High Courts to complete the probe within three months. As per the decision, the inquiry commission was mandated to look into all the investigations and developments including wrongful denials of sanctions to prosecute guilty officials and dereliction of duty in taking action against those involved in the scam. 

The government had constituted the commission after large-scale complaints that deliberate attempts were made to hush-up a scam. It’s also important to mention that Central Bureau of Investigation (CBI) and ACB, separately found sufficient evidence to proceed against <g data-gr-id="40">several serving</g> and retired officials of the Delhi government. CBI had also recommended to the MHA and the Department of Personnel and Training (DoPT) to take appropriate action against the officers involved.