LoP Debabrat Saikia Complains CJI Against Advocate General of Assam

Advocate General of Assam Devojit Lon Saikia has violated constitutional norms as well as privileges and duties—according to the leader of Opposition of Assam Assembly Debabrat Saikia.

The complaint letter written by the Assam LoP has been addressed to the Chief Justice of India, Governor of Assam, Chief Minister of Assam, Chief Secretary of Assam and Bar Council of India alleging that constitutional norms have been violated by Assam’s Advocate General Devojit Lon Saikia in taking BCCI Acting General Secretary role and ICC Director.

Debabrat Saikia’s letter reads—“it must be brought to your notice that Sri Devojit Lon Saikia, who is also a non-voting member of the Assam Legislative Assembly, 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 organization (ICC) and a non-governmental organization(BCCI) in violation of the principles of “Office of Profit”. 

“Further, the Rule 48 of the Bar Council of India Rules under Advocates Act,1961 categorically states that An Advocate may be Director or Chairman of the Board of Directors of a company with or without any ordinary sitting fee, provided none of his duties are of an executive character. An Advocate shall not be a Managing Director or a Secretary of any company”—the letter added.

Debabrat Saikia alleges that Devojit Lon Saikia, by taking upon the role of Secretary (Acting) of BCCI has violated the cardinal rule of Advocates in India whereby he took the duty of a Secretary of a Company

Notably, BCCI is a registered Society under the Tamil Nadu Societies Registration Act of 1975.

“By being involved in duties of the nature of executive as characterized by the Judgement of the Hon’ble Supreme Court in Board of  Control for Cricket in India & ors Vs Cricket Association of Bihar & Ors (2015) 3 SCC251 popularly known as the Justice Rajendra Mal Lodha Committee Report”—the complaint letter further added.

Bringing it to notice, the LoP, Assam mentioned that Devojit Lon Saikia, was in similar peculiar position in the past, where he had to resign from the post of Senior Additional Advocate General of Assam in December 2018 in order to prove his eligibility for contesting in the post of Secretary of Assam Cricket Association. 

The eligibility norms of the association’s constitution at the relevant point of time puts a bar for anyone who holds a public office in contesting for any post of office bearers of the cricket association.

“But this time, Sri Devojit Lon Saikia in complete disregard to the fact that he is holding a Public Post that too a Constitutional Post, has chosen to go for similar, in complete violation of Rules and laws, something of which he is seen as the Guardian Protector, in the State of Assam, as the Topmost Legal Officer of the Government of Assam”—the letter reads.