In a letter to the Chief Justice of India, the Governor of Assam, Chief Minister Himanta Biswa Sarma, and the Bar Council of India, Debabrata Saikia alleged that the state’s top legal officer violated constitutional norms and professional ethics.
Guwahati: The Leader of Opposition (LoP) in Assam on 19th Dec has raised serious concerns over Advocate General Devojit Lon Saikia’s recent appointments as Acting Secretary of the Board of Control for Cricket in India (BCCI) and Director of the International Cricket Council (ICC).
In a letter to the Chief Justice of India, the Governor of Assam, Chief Minister Himanta Biswa Sarma, and the Bar Council of India, Debabrata Saikia alleged that the state’s top legal officer violated constitutional norms and professional ethics.
“Saikia, a non-voting member of the Assam Legislative Assembly, has breached the privileges of the House by holding a secretarial position and a directorial role. Both positions entail significant pecuniary and financial benefits from a foreign organisation (ICC) and a non-governmental organisation (BCCI), which contravenes the principles of the ‘Office of Profit,’”
the letter stated.
Devojit Lon Saikia, who has served as Assam’s Advocate General since May 21, 2021, is bound by Article 165 of the Constitution, which mandates adherence to the standards expected of a High Court judge. His responsibilities include advising the government and participating as a non-voting member in the Legislative Assembly under Article 177. However, his additional roles in cricket administration have drawn criticism.
On December 7, BCCI President Roger Binny appointed Saikia as Acting Secretary of the organisation. According to Debabrata Saikia, this executive role violates Rule 48 of the Bar Council of India Rules under the Advocates Act, 1961. The rule explicitly states that advocates may serve as directors or chairpersons of company boards, provided their duties are non-executive. However, advocates cannot hold positions like Managing Director or Secretary.
As Acting Secretary of the BCCI, Saikia was also appointed as a Director of the ICC, taking on fiduciary responsibilities and roles in key committees, including the Finance and Commercial Affairs Committee and the HR & Remuneration Committee.
The Assam Pradesh Congress Committee (APCC) argued that these positions conflict with Saikia’s constitutional duties and Assam’s state policies. They highlighted the ICC’s international composition, which includes member countries potentially adversarial to India.
Debabrata Saikia further raised concerns about a potential conflict of interest due to the BCCI’s association with Dream11, a sponsor under investigation for betting-related activities. This connection appears to clash with Assam’s stringent anti-gambling laws, raising additional questions about Saikia’s suitability as Advocate General.
The opposition has demanded a thorough investigation, citing the “Office of Profit” doctrine and the ethical obligations associated with the Advocate General’s constitutional role.
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