Deputy Chief Minister Manish Sisodia has questioned the Union Home Ministry’s decision to declare as void the Delhi government’s probe into the alleged CNG fitness scam of 2003.
Replying to a letter by Lieutenant-Governor Najeeb Jung conveying the view of the Ministry of Home Affairs (MHA) last week, which found it way into the public domain on Wednesday, Mr. Sisodia said the Delhi government was neither a ‘subordinate department’ of the MHA nor ‘accountable’ to it.
“Under the constitution, the Ministry of Home Affairs (MHA) does not have the power to declare any order of the Government of NCT of Delhi (GNCTD) as void,” Mr. Sisodia said in the letter. “It is only the judiciary which has the power to declare any order of the GNCTD null and void,” he wrote. “The Ministry of Home Affairs seems to be attempting to encroach upon the domain of judiciary, which is dangerous. Therefore, the communication from the MHA, at best, could be treated as the MHA’s opinion,” he said.
“The commission of inquiry will continue to work and we expect everyone to cooperate in the commission’s proceedings. I would urge you (L-G) to kindly inform the MHA that if at all it is aggrieved, it may approach the court,” he said.
Mr. Sisodia said that the MHA had issued the communication at a time when the matter was sub-judice as the setting up of the commission of inquiry was also challenged in a PIL in the Delhi High Court.
“The court even refused to issue a formal notice to the Delhi government in the matter. The court has only asked the government to file a short affidavit. The next date of hearing is on September 23,” Mr. Sisodia said.
A Central Bureau of Investigation probe had revealed irregularities in awarding the contract of operation and maintenance of inspection and certification of CNG vehicles thereby causing a loss of Rs.100 crore to the Delhi government. The Delhi government had, on August 11, decided to set up a commission of inquiry into the CNG fitness scam. This was followed by a communication from the Centre, on August 21, stating that the Delhi government had no power in ordering a probe into the alleged multi-crore scam declaring it ‘legally invalid’.
