Another flashpoint: Govt asks LG to take back ACB probe nod

Alok KN Mishra

NEW DELHI: Delhi deputy chief minister Manish Sisodia on Monday wrote to lieutenant governor (LG) VK Saxena, urging him to withdraw the sanction given to the Anti-corruption Branch (ACB) to probe allegations of irregularities in the construction of seven temporary hospitals by the Delhi government’s Public Works Department during the Covid pandemic, and added that the decision was incorrect both in terms of “law and effective governance”.

The letter comes in the backdrop of friction between the government and the newly appointed LG over the latter’s frequent meetings with officials as wells as inspections of government facilities, which the former has termed as interference in the functioning of the elected dispensation.

On Sunday, the LG gave the sanction on a complaint filed by BJP Member of Parliament from north-east Delhi Manoj Tiwari in 2021. Sisodia said Saxena’s predecessor Anil Baijal had dismissed the complaint. “He (former LG Anil Baijal) closed the case after conducting thorough enquiries,” Sisodia said.

The LG office did not comment on Sisodia’s remarks.

Addressing a press conference on the issue on Monday, Sisodia said that the AAP government was not afraid of any investigation, but added that legal procedures should be followed. “LG has not followed the due procedure of law while reopening the old complaint filed by Manoj Tiwari. And the rules and regulations went for a toss while handing over the case to ACB,” Sisodia said.

Sisodia alleged that the LG’S permission to ACB suffers from two serious legal infirmities. “Section 17-A of Prevention of Corruption (PC) Act specifically provides that previous approval of the state government is necessary for any police officer to conduct any enquiry or inquiry or investigation into an offence alleged to have been committed by a public servant. The case was not presented to any minister or the chief minister. The state government has not given its approval,” he said, and added that the executive power for the sanction of investigation lies with the elected government.

The second infirmity, Sisodia said, is that the PC Act provides that an approval for probe must be given within four months of receiving complaint.

“Once the previous LG had decided to close the complaint and not to give approval within prescribed time after a thorough examination, I am surprised that the current LG has reopened the case, which is not provided in law, and is contrary to law,” said Sisodia.

“This is a dangerous precedent set by the Delhi LG, which will encourage the entire BJP to lodge a false complaint if they want to stall progress.”

The AAP leader accused the BJP of filing false complaints to stall the work being done by the AAP government.

“I am constrained to point out that the BJP has been making politically motivated frivolous complaints against development works in the field of healthcare and education after the rejection of the BJP by the people of Delhi again and again (in elections). Manoj Tiwari in past made frivolous complaints about major infrastructure development works in education and alleged corruption against officers and me. When I filed a defamation case against him, he could not produce a single piece of evidence,” Sisodia wrote in the letter.

The government started the construction of seven temporary hospitals in August 2021 claiming that it was an exercise to ramp up the health infrastructure to address the infrastructure crisis the Capital faced during Covid waves.

Later Tiwari alleged corruption in setting up the temporary hospitals at GTB Hospital Complex, Shalimar Bagh, Kirari, Sultanpuri, Chacha Nehru Bal Chikitsalaya, Sarita Vihar and Raghubir Nagar.

In a press conference later in the day, BJP MP Tiwari accused Sisodia of trying to hide the corruption in construction of seven temporary hospitals, saying a city court had ordered probe into it. “My complaint is based on evidence. It was a court order that prima facie there was corruption which needs to be probed. Sisodia said that he has filed a defamation plea against me, but did not state that the Supreme Court has stayed it. He could face contempt of court for his comments,” Tiwari said.