"Delhi CM needs to counsel his colleague minister": LG refuses to consider govt's report on Bamnoli land acquisition matter, say sources

New Delhi [India], November 19 : Delhi Lieutenant Governor VK Saxena has written to Chief Minister Arvind Kejriwal refusing to consider the Vigilance Minister's report alleging "prima facie complicity" of Chief Secretary Naresh Kumar in the Bamnoli land acquisition matter, the sources said on Sunday.
As per the sources, the LG said that the report seems to be "completely based" on the minister's preconceived assumptions and presumptions.
"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 politicize this whole issue, even as it is before the Supreme Court. It is pertinent to underline here that the said proposal for CBI investigation was approved by me on the recommendations received from the Chief Secretary and the Divisional Commissioner themselves," Saxena said in his note to the Delhi CM.
In a file noting on the government's submission of the report to him, Saxena further said that even the basic principles of enquiries have not been followed in the instant case.
"I could not find any document or evidence to substantiate this claim of the Hon'ble Minister. Both the Chief Secretary and the Divisional Commissioner demonstrated remarkable administrative prudence. Connecting some dots here and there without an unbroken chain of evidence whatsoever, would not serve any purpose," Saxena said, adding that the Vigilance Minister's 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.
He also said 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.
CM 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, he added.
"It is surprising that Hon'ble CM is allowing such actions, which are not in conformity with the constitutional scheme of administration in the national capital," said, adding, "I have received the "Preliminary Report" on "Complaints", submitted by Hon'ble Minister (Vigilance) and endorsed by Hon'ble Chief Minister. It is surprising and unfortunate, to say the least, that this report which deals with sensitive vigilance related matters and has been marked to my Secretariat in confidential cover, is already in public domain and its digital, electronic copies are freely available and details thereof have been widely reported in the media," the LG said.
He further said that 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 politicize 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 Hon'ble Courts. I have gone through the contents of this report. The Hon'ble 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. It is pertinent to underline here that the said proposal for CBI investigation was approved by me on the recommendations received from the Chief Secretary and the Divisional Commissioner themselves," Saxena said.
The preliminary report, which spans 670 pages, brings out several incriminating facts and states that the "connections and the chronology give the prima facie appearance of complicity" of Chief Secretary Naresh Kumar with DM Southwest Hemant Kumar and landowners in the land acquisition on the Dwarka Expressway.
The report also unveils a conspiracy by senior officers of Delhi's Vigilance Department including Chief Secretary Naresh Kumar to undervalue the scale of the scam as Rs 312 Crore when the actual compensation award would have resulted in an illicit gain of Rs 850 Crore to the beneficiaries
Saxena, in his note to Kejriwal, said that it is by far a crystallized 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 Hon'ble Minister in this 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 enquiries have not been followed in the instant case. Despite repeated scrutiny of the documents placed on record along with this report, nowhere have any additional facts been brought out, to claim the complicity of the officers against whom this prejudicial report has been submitted. I could not find any document/evidence to substantiate this claim of the Hon'ble Minister," he added.
He further said that 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 Hon'ble Minister and could very will go on to hamper the ongoing investigation, instead of facilitating it. Such reports, especially if they are authored at the level of Hon'ble Minister, do not augur well for governance. Hon'ble Minister 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," Saxena said.