NHAI Case: Delhi L-G expresses surprise over confidential report surfacing in public domain

Days after Delhi Chief Minister Arvind Kejriwal sent a request to L-G V.K Saxena for suspension of Chief Secretary Naresh Kumar and also recommending a CBI inquiry, the L-G expressed surprise that the report which deals with sensitive vigilance matters and has been marked to my Secretariat in confidential cover, is already in public domain.

L-G said that even the basic principles of inquiries have not been followed in the instant case and Vigilance Minister Atishi and the Chief Minister have referred the matter to CBI and ED, which is beyond their competence as per law established.

Raj Bhavan sources said that in his letter to Kejriwal, Saxena said that he has received the "preliminary report" on “complaints” submitted by Atishi and endorsed by the Chief Minister.

The source said that the L-G expressed surprise and dubbed it unfortunate that the report which deals with sensitive vigilance related matters and has been marked to his Secretariat in confidential cover, has already been in public domain and its digital or electronic copies are freely available and details thereof have been widely reported in the media.

"Since selective text from the report has been purportedly leaked to the media, it appears prima facie that the whole motive of this supposed inquiry was not to unearth the truth but to start a media trial and politicise this whole issue, even as it is before the Supreme Court.

“One is forced to wonder whether the same doesn't amount to creating a public perception prejudice, aimed at influencing the Courts," the source said quoting the letter of Saxena to the Chief Minister.

The source said that Saxena also in his letter said that despite having gone through the contents of the report, the Minister has herself recorded in her report on page 26 that this matter of "illegal and exorbitant land compensation" award passed by Hemant Kumar, then DM, is already under criminal investigation by the CBI.

The source said that the L-G mentioned that it is pertinent to underline that the said proposal for CBI investigation was approved by him on the recommendations received from the Chief Secretary Kimar and the Divisional Commissioner Ashwini Kumar themselves.

The source said that Saxena also mentioned that it is by far a crystallised and trite position of law that suspicion, however great, cannot take the place of legal proof and no allegation can be substantiated merely on the basis of surmises and conjectures.

"The thrust of the Minister in the report seems to be on the alleged connivance of the District Magistrate, the Divisional Commissioner and the Chief Secretary resulting in loss to government exchequer. However, even the basic principles of inquiries have not been followed in the instant case," the source said referring to the letter of Saxena.

He further said that despite repeated scrutiny of the documents placed on record along with the report, "nowhere have any additional facts" been brought out, to claim the complicity of the officers against whom this prejudicial report has been submitted.

Saxena mentioned that he could not find any document or evidence to substantiate this claim of the Minister Atishi.

From available facts, it is crystal clear that as soon as the issue came to the knowledge of Divisional Commissioner, it was recorded on file on June 2 this year itself and triggered the investigation, without waiting for judicial intervention, the source said.

It had been brought out with abundant clarity on the file recommending action against the then DM (South-West), that the very cause of action in this case was a High Court Judgement directing for arbitration to be undertaken by the DM (Hemant Kumar), the source said referring to the L-G's letter.

“What followed was an exercise in reassessing the cost of land to be acquired, which obviously suffered from grave lapses resulting in the cost being revised upwards manifold.

“It is a matter of record on file that these lapses, when they came to the notice of the Divisional Commissioner and the Chief Secretary, were flagged immediately for rectification by the DM, who was counselled accordingly but to no avail.

“It was then that proceedings against him were recommended. Ignoring this chain of events seems deliberate and with mala-fide intention,” the source said referring to the letter.

He further said that L-G also mentioned that nowhere has any fact been brought on record to suggest that the officers concerned did not proceed with alacrity.

“In fact, both the Chief Secretary and the Divisional Commissioner demonstrated remarkable administrative prudence,” the source said referring to the letter.

The source said that L-G in his letter asked that simply, connecting some dots here and there without an unbroken chain of evidence whatsoever, would not serve any purpose.

“This report seems to be completely based on preconceived assumptions and presumption of the Minister and could very well go on to hamper the ongoing investigation, instead of facilitating it,” the source said referring to the letter.

Saxena, as per the source, further said that such reports, especially if they are authored at the level of minister, do not augur well for governance.

L-G as per source also said that Minister Atishi has "failed" to take into account and "appreciate" the administrative processes and scheme involved in land acquisition, which becomes obvious in view of the hurried efforts in producing this half-baked and therefore incorrect report.

The source said that the L-G said that he was afraid that such questionable work on the part of the minister by using her official position for apparent political gains "may make the government vulnerable to legal consequences".

L-G, the source said that it has also come to my notice, through media reports that the minister or the Chief Minister have referred the matter to CBI and ED, which is beyond their competence as per law established.

“This is all the more surprising owing to the fact that the file on this issue (the instant file) was already submitted to me - being the competent authority, by the Chief Minister for consideration,” the source said referring to L-G’s communication.

"The Chief Minister needs to counsel his colleague minister that such disregard of law of the land by way of using a public office is unconstitutional and serves no public purpose. It is surprising that Chief Minister is allowing such actions, which are not in conformity with the constitutional scheme of administration in the national capital," sources quoting L-G having said.

"Since the matter is already under investigation by CBI as approved by him (L-G) based on recommendations of the Chief Secretary and the Divisional Commissioner, it is his considered view that the recommendation made before him for consideration is prejudiced and devoid of merit, and therefore cannot be agreed to," the Raj Bhavan source added.

On November 10, Kejriwal had sent a complaint alleging benefit of Rs 315 crores to the son of Chief Secretary Naresh Kumar in land acquisition on the Dwarka Expressway.

“The complaint was made to Kejriwal regarding the alleged corruption involving Chief Secretary Naresh Kumar on October 24. There are allegations on the Chief Secretary of benefitting his son's company by Rs 315 crores,” the Delhi government source had said.

“There are allegations of irregularities in land acquisition on the Dwarka Expressway. The Chief Minister has sent the complaint to the Minister of Vigilance for a detailed enquiry in the matter,” the source had added.