Oppn flags Advocate General's BCCI & ICC appointments, writes to CJI, Assam Guv

Guwahati, Dec 21: The Leader of Opposition (LoP) in Assam has raised serious concerns over Advocate General Devojit Lon Saikia’s 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 addressed 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, who is also a non-voting member of the Assam Legislative Assembly, has violated the privileges of the House by assuming a Secretarial Position along with a Directorial Position, both of which carry significant pecuniary and financial benefits from a foreign organisation (ICC) and a non-governmental organisation (BCCI). This violates the principles of the ‘Office of Profit’,” read the letter.

Devojit Lon Saikia, appointed as Advocate General of Assam on May 21, 2021, is bound by Article 165 of the Indian Constitution, which requires him to adhere to the standards expected of a High Court judge.

The Advocate General’s duties include providing legal advice to the government and participating in Legislative Assembly proceedings as a non-voting member under Article 177.

However, Saikia’s additional roles in cricket’s governing bodies have sparked controversy. On December 7, he was appointed Acting Secretary of the BCCI by President Roger Binny. According to Debabrata Saikia, this role involves executive responsibilities, violating Rule 48 of the Bar Council of India Rules under the Advocates Act, 1961.

“Rule 48 of the Bar Council of India Rules under the Advocates Act, 1961, categorically states that ‘An Advocate may be a 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 further noted.

As Acting Secretary of the BCCI, Saikia was also appointed as a Director of the ICC, taking on fiduciary responsibilities and roles in various committees, including the Finance and Commercial Affairs Committee and the HR & Remuneration Committee.

The Assam Pradesh Congress Committee (APCC) argued that these appointments conflict with his constitutional duties and Assam's state policies, especially given the ICC’s international composition, which includes member countries considered adversarial to India.

Debabrata Saikia also raised concerns over potential conflicts of interest, citing the BCCI’s association with Dream11, a sponsor currently under investigation for betting-related activities. This association clashes with Assam’s strict anti-gambling laws, creating further friction with Saikia’s role as Advocate General.

The opposition has called for a thorough investigation into the alleged breaches, citing the “Office of Profit” doctrine and the ethical obligations associated with the Advocate General’s constitutional role. As the debate continues, The Assam Tribune reached out to Devojit Lon Saikia for his response to the allegations, but he remained unavailable for comment.