Legal experts question validity of DDCA probe panel

Political vendetta seems to be the commission’s agenda, says Justice R.S. Sodhi.

A section of legal experts here on Tuesday questioned the validity of appointment of the Commission of Inquiry by the Delhi government to probe the alleged irregularities in DDCA affairs, saying the move smacked of “bias and political vendetta” rather than serving public interest with legal enforcement.

After the Delhi government appointed the panel under the Commissions of Inquiry Act, 1952, former Solicitor-General Gopal Subramanium, who heads the Commission, has stated that its terms of reference had set out to obtain a “level of fairness and objectivity” in the inquiry.

Disagreeing with Mr. Subramanium’s observations, former Delhi High Court Judge, Justice R.S. Sodhi, said the Delhi government was not empowered in the first place to order such a probe, as Delhi did not enjoy full statehood and the DDCA was a corporate entity registered under the Companies Act.

Justice Sodhi told The Hindu that if there were reports about irregularities or some criminal acts in the DDCA, the legal course of action to take would have been making a complaint in the court. “This is what was done in the National Herald case involving the issues of transfer of loan and acquiring of shareholding,” he said.

Justice Sodhi said Mr. Subramanium had compromised his position by accepting the position of the commission’s chairperson and was in fact drawing his power from a “totally illegal notification”. He wondered why the former law officer was so keen on justifying the panel’s legality and had written to the National Security Adviser asking for a team of officers. The former judge said political vendetta seemed to be the commission’s real agenda, rather than a fair probe to protect the interests of players and the game of cricket.

Supreme Court lawyer and activist Prashant Bhushan said Delhi continued to be a Union Territory after the enactment of the Government of National Capital Territory of Delhi Act, while the Commissions of Inquiry Act empowered only the Centre and State governments to set up such a panel. “In my view, the commission’s appointment will be struck down in the High Court.”

However, former Lok Sabha Secretary-General P.D.T. Achary said the Delhi government was within its powers to appoint the Commission, as all subjects except public order, land and police were within its domain. “Under the Constitution, Delhi is considered almost a State and sport is a State subject, in which an inquiry can be ordered,” he said. 

Sources: http://www.thehindu.com/news/national/legal-experts-question-validity-of-ddca-probe-panel/article8042494.ece