Live telecast of DDCA probe, panel legally valid, says Gopal Subramanium

Assuring a fair probe into the alleged irregularities in the Delhi District Cricket Association (DDCA) involving Union finance minister Arun Jaitley, senior advocate Gopal Subramanium informed chief minister Arvind Kejriwal that the inquiry commission set up by the government was legally valid.

Mr Subramanium, also informed Mr Kejriwal that to ensure transparency, the proceedings of the inquiry commission into the alleged irregularities in the DDCA involving Mr Jaitley will be telecast live so that the whole world will know how the panel is dealing with the matter.

In a letter to Mr Kejriwal, accepting the offer to be the chairman of the one-man commission, Mr Subramanium disputed the reported stand of Delhi lieutenant-governor Najeeb Jung that the commission of inquiry appointed by the Delhi government was not legally valid as it could only be set up with the approval of the Centre.

Without making any comments on the media reports to the effect that the lieutenant-governor considers the appointment of the commission was not proper since Delhi is not a state but a Union Territory, Mr Subramanium pointed out that the minutes of the Cabinet meeting (to set up the probe panel) as well as the proceedings of the legislature had been forwarded to the lieutenant-governor and he must have initialed his perusal of them.

“This receipt of information both from the Cabinet and allowing the legislature to proceed forward clearly indicates that the lieutenant-governor, prima facie, has consented to the appointment of the commission,” he said.

“In view of the express words of Article 239AA of the Constitution and in particular, the Legislative Assembly treated as a state legislature for the purpose of Articles 324 to 326 and 329 of the Constitution, I am left in no doubt that this is a state legislature for all practical purposes. It would also be contrary to the Constitution that a democratically-elected body, which is empowered by the Constitution to deal with matters within the State List as well as the Concurrent List, cannot set up a commission of inquiry. However, this is only my opinion which is based upon my understanding of the Constitution.”

While accepting the offer to head the probe panel, Mr Subramanium said he would be following up with the officers of the Government of NCT shortly and would indicate the infrastructure which would be necessary, the procedural orders which would have to be issued, appointment of counsel and the investigation teams under the Commissions of Inquiry Act and public hearings which would be held at the earliest.

As for the live telecast, Mr Subramanium in his letter dated December 27 to Mr Kejriwal, he pointed out that in many parts of the world where proceedings of courts have been televised particularly in Britain and Canada, the judiciary has only stood to gain by being utterly transparent.

“I do not see why a matter which involves cricket and in particular which has long-term implications must not be dealt with in the same fashion,” Mr Subramanium said.