New Delhi: The Justice Aggarwal Commission set up by Delhi government to probe alleged CNG fitness scam, has told the Lt Governor Najeeb Jung that he is "undermining" his own position by following Centre's instruction with regard to the validity of probe panel.
In his letter to Jung, Justice (retd) S N Aggarwal said he is a constitutional authority and he has to act independently irrespective of Central government's view. Aggarwal's letter comes days after Jung refused to direct ACB chief M K Meena to produce records relating to the alleged CNG fitness scam before him, saying that since the Union Home Ministry has declared the Commission "legally invalid and void", he is "unable" to assist in this case.
"You (LG) are labouring under misconception when you say that you are bound to follow the instruction of the Ministry of Home Affairs, Government of India. By so stating you are in fact undermining your own position.
"Under the Constitution which is sacrosanct and is binding on each and every functionary including you and me, you are a Constitutional Authority who has to act independently irrespective of the GOI's view that the Commission of Inquiry headed by me has been declared illegal and invalid," Aggarwal said. In his letter, Aggarwal has also referred to the judgments of the Supreme Court relating to the role of Governor.
Aggarwal hoped that in view of the legal position stated by him, the LG would revisit his decision and pass appropriate orders. On December 30, the Justice S N Agarwal Commission had written to the LG asking him to direct Anti Corruption Branch (ACB) chief Meena to produce records relating to the case before the Commission of Inquiry (CoI).
In the letter, Aggarwal had asked Jung to ensure that the entire record in Meena's possession is produced before it within a week so that "nobody is blamed for obstructing or unduly delaying the proceedings of the Commission at a later date".
In August last year, the Home Ministry had declared as "legally invalid and void" the Commission of Inquiry, saying the Delhi government was not the "competent authority" to set up such a panel.
The panel was set up by the AAP government to probe the award of contract by the previous Sheila Dikshit dispensation for inspection and certification of commercial vehicles for fitness to a firm in 2002. It had also issued a non-bailable warrant against Meena in last September, which was stayed by Delhi High Court.
