Assam LoP accuses state's AG Devajit Lon Saikia of violating Constitution by taking up dual roles

Leader of Opposition in Assam Assembly, Debabrata Saikia, has written to the Chief Justice of India, accusing the state's Advocate General, Devajit Lon Saikia, of violating the Constitution by taking up roles as acting BCCI secretary and an ICC director. 

In the letter sent to the CJI on Thursday, Saikia claimed that the advocate general has breached the privileges and duties of his position by taking "office of profit/positions of pecuniary gains against norms and rules".

 The advocate general, however, said there was no question of 'office of profit' as both the posts in BCCI and ICC were honourary in nature. A copy of Debabrata Saikia's letter was also marked to the governor, chief minister and chief secretary of Assam, and the chairman of Bar Council of India. 

The Congress leader pointed out that Saikia was appointed as the advocate general of the state on May 21, 2021, and he had sworn his allegiance and abidance to the rules and restrictions under Article 165 of the Indian Constitution. 
Among such regulations are the advocate general holding himself up to the guidelines stipulated to be adhered to by any high court judge, give advice to the government on legal matters and also the right to speak in, and otherwise take part in the proceedings of the legislative assembly. 

Saikia said that the advocate general was appointed as the acting secretary of the Board of Cricket Control of India (BCCI) on December 12 this year, and will continue in this role until September 2025, when the vacancy is to be permanently filled. 

Due to his position as secretary of BCCI, Saikia was also appointed as a director of the International Cricket Council (ICC), the Congress MLA added. While expressing delight at the appointment of a person from the state to top positions in the cricket bodies, the leader of opposition added, "...we also plead that Sri Saikia should hold himself in utmost regard and commitment towards the Constitution of India and responsibilities betrothed upon him by the Government of Assam and people of Assam with the topmost priority before any other commitments." 

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The Congress leader claimed that Saikia has violated the privileges of the assembly by taking a secretarial position along with the position of director which have several pecuniary benefits by a foreign organisation (ICC) and a non-governmental organisation (BCCI) in violation of the principles of 'office of profit'. He also claimed that Saikia has violated the rules of the Bar Council of India under Advocates Act,1961, which states that "an advocate shall not be a Managing Director or a Secretary of any company".

"Also, a holder of India's constitutional post cannot take upon an international organisation's fiduciary position, if that organisation has India's foreign adversaries such as Pakistan, Bangladesh etc. as its members," Saikia maintained. Underlining that The Assam Game and Betting Act, 1970, is in vogue in the state, Saikia, by his appointment as BCCI secretary (acting) is under "direct conflict with the policies" of the state as the primary sponsor of BCCI Men's Team, Dream 11, is being "investigated by several agencies for betting and match fixing". 

The Congress leader pointed out that Saikia was in a "similar peculiar position in the past, where he had to resign from the post of senior additional advocate general of Assam in December 2018 to make himself eligible to contest for the post of secretary of Assam Cricket Association". 

"In this regard, I pray to your conscience to kindly treat this matter with utmost importance and see it as serious breach of privileges by a constitutional post holder in the Government of Assam; and accordingly act upon the matter at the earliest," Saikia added. Responding to the allegation, AG Saikia claimed there was no question of 'office of profit' as both positions in the BCCI and ICC were honourary in nature. "The basic thing is that the positions I am holding in BCCI and ICC are honourary posts. How does the question of 'office of profit' arise?" he said. 

"If the leader of the opposition is lacking in legal knowledge, I pity him. He is in such a high position in the assembly. The leader of the opposition should know what is an office of profit, and what the requirements are for becoming office-bearers in BCCI and the advocate general," Saikia told PTI. 

"In an appropriate time, I will give my reply to him," he said. Indicating that Congress leaders are holding positions in the BCCI, the advocate general said, "My colleague in the BCCI represents the 'grand old party of India'. I request him (Debabrata Saikia) to find it out from his own party member, who is in Rajya Sabha." He, however, refrained from naming the Rajya Sabha MP he was referring to.