Noted lawyer Gopal Subramanium's move to ask NSA Ajit Doval to provide five officers each from IB, CBI and Delhi Police for probe into alleged irregularities in DDCA has been termed by senior government officials as 'unprecedented' and devoid of logic.
The Centre is also expected to reject the initiative of the AAP government to set up a Commission of Inquiry to probe the alleged irregularities in DDCA as the city government does not have powers to do so.
Officials said Subramanium has no authority to ask the NSA to provide officials as it was not a court-appointed inquiry panel and the Commission of Inquiry itself was under question.
Under the Commission of Inquiry Act, 1952, the Central and state governments can set up such a probe. But Delhi Lieutenant Governor Najeeb Jung has reportedly observed that the Government of National Capital Territory of Delhi (GNCTD) is not a "state government" as required by the Act.
Besides, officials pointed out that officers of the Intelligence Bureau are not investigative officers but experts in gathering intelligence inputs. If they are made part of any inquiry panel, it is tantamount to exposing their identity.
Officials said if at all Subramanium had to write, he should have written to the Ministry of Home Affairs or Minister of Personnel seeking officers.
Officials pointed out that DDCA is not a government body and since it is registered under the Companies Act, the competent agency to probe its affairs is the Registrar of Companies, which falls under the Ministry of Corporate Affairs, and not the Delhi government.
The Home Ministry took a similar stand in August on the Arvind Kejriwal government's decision to set up a Commission of Inquiry to probe the CNG fitness scam. The LG's office cited the Home Ministry's stand that GNCTD was not the competent authority to set up a Commission of Inquiry to probe the CNG fitness scam.
Subramanium, a former Solicitor General, has asked the NSA to make available five officers each from IB, CBI and Delhi Police for his probe into alleged irregularities in DDCA.
The Delhi Cabinet had on December 21 approved setting up of the one-member Commission of Inquiry under Subramanium to probe alleged irregularities in DDCA.
The Delhi Lt Governor had questioned the legality of appointment of the probe panel by the AAP government to probe the affairs in DDCA.
