Is Advocate General Overstepping His Boundaries? Debabrata Saikia Demands Clarity

In a strongly worded statement, Leader of Opposition in the Assam Legislative Assembly, Debabrata Saikia, has launched a sharp critique against Advocate General of Assam and Acting BCCI Secretary, Devajit Saikia, in response to the latter’s press conference questioning his legal acumen. 

The controversy arose after Debabrata’s letter to the Chief Justice of India, highlighting a potential “conflict of interest” in Devajit Saikia’s dual roles, went viral, stirring media discussions nationwide.

Debabrata clarified that his concerns were not personal but aimed at protecting constitutional values in Assam. He raised pointed questions challenging Devajit Saikia’s defense of his actions and demanded transparency.

Key Allegations and Concerns Raised by Debabrata Saikia:

1.    Double Standards in BCCI Rules:

Debabrata Saikia questioned why BCCI rules are being inconsistently applied. He pointed out that Ashish Shelar, Treasurer of BCCI, resigned from his post upon becoming a Maharashtra Cabinet Minister to comply with Article 4.5 of the BCCI Constitution. This article disqualifies office-bearers who are ministers or government servants. Debabrata highlighted that Devajit Saikia, who enjoys cabinet status as Advocate General, continues as Acting BCCI Secretary, raising concerns over selective rule enforcement.

2.    Association with Dream11:

Citing Assam's strict prohibition on betting, Debabrata criticized Devajit Saikia’s association with Dream11, BCCI’s official sponsor, which operates in violation of Assam's laws. He referenced a Gauhati High Court order calling for an immediate ban on online betting platforms and questioned whether the Advocate General’s interactions with Dream11 in his BCCI capacity undermine Assam’s legal framework.

3.    Status as a Government Servant:

Debabrata raised doubts over whether Devajit Saikia considers himself a government servant. He cited BCCI Clause 5, which disqualifies ministers or government servants from holding office. He urged clarity on how Devajit Saikia reconciles his cabinet status with his BCCI role.

4.    Judicial Impartiality and Ethics:

A serious charge was made regarding the employment of children of Gauhati High Court judges as juniors in Devajit Saikia’s legal team. Debabrata argued that such practices raise questions about judicial impartiality, especially when the Advocate General appears before the same judges. He referenced a precedent from Madhya Pradesh where a judge sought transfer when a family member started practicing law in the same court, urging similar ethical standards in Assam.

5.    Reimbursement from ICC:

Accusing Devajit Saikia of misleading the public, Debabrata claimed that ICC Articles of Association mandate remuneration for its directors, contrary to Devajit Saikia’s statement denying receipt of any financial benefits or travel reimbursements.

6.    Opposition to Public Welfare Litigations:

Debabrata recounted instances where the Advocate General opposed public interest litigations he filed, such as those seeking the improvement of Dhodar Ali, resolution of district boundary disputes, and rehabilitation for evicted families. He questioned whether elected representatives are barred from approaching the judiciary when government actions fail to serve the public interest.

7.    Integrity in Constitutional Practices:

Debabrata accused Devajit Saikia of violating the impartiality expected of his office, citing instances of favoritism and conflict of interest. He emphasized that the Advocate General’s role demands adherence to ethical standards, which he claimed were being compromised.

Saikia’s Call for Accountability

Debabrata Saikia urged Devajit Saikia to provide clear explanations for these allegations and uphold the constitutional and legal standards expected of his office. He expressed concern over practices that undermine public trust in government and judiciary, emphasizing that such issues jeopardize the integrity of democratic institutions in Assam.

This exchange between two prominent legal and political figures has triggered widespread debate, with many awaiting a detailed response from Advocate General Devajit Saikia. 

Also Read: Advocate General Defends BCCI Role Amidst Allegations from Assam’s Opposition Leader