A senior Assam Congress leader has written to the Chief Justice of India claiming that the incumbent advocate-general (AG) of Assam, Devajit Saikia, has violated constitutional norms by taking charge as the BCCI acting secretary.
The leader of the Opposition (LoP) in the Assam Assembly, Debabrata Saikia, said he wanted to bring to the CJI's "notice a sensitive matter that involves violation of Constitution of India by a sworn representative appointed under the hand and seal of the governor of Assam”.
The AG was appointed BCCI acting secretary by BCCI president Roger Binny on December 7 and subsequently as the director of the Dubai-based International Cricket Council (ICC), the LoP representation said.
Debabrata Saikia’s representation claimed that the AG "has violated the privileges of the House by taking a secretarial position along with a position of director which has several pecuniary and financial benefits by a foreign organisation (ICC) and a non-governmental organisation (BCCI) in violation of the principles of ‘office of profit’." He also claimed the AG’s appointment as BCCI secretary was violative of Rule 48 of the Bar Council of India Rules under Advocates Act, 1961, according to which “an advocate shall not be a managing director or a secretary of any company”.