AAP govt agrees with plea in HC against appointment of SPPs in Delhi riot cases
The AAP government Wednesday agreed with the plea filed in the Delhi High Court against the appointment of special public prosecutors (SPPs) in cases pertaining to northeast Delhi riots in February, saying that what the petitioner association has said is right.
A senior lawyer appearing for the Delhi government told the high court “we are also saying what the petitioner has said is right”.
“There are judgements of a constitutional bench of the Supreme Court which cover the issue (raised in the plea),” the senior lawyer told Justice Navin Chawla.
The court, however, did not hear the matter as the counsel for the petitioner — Delhi Prosecutors Welfare Association (DPWA) — sought a passover which could not be granted as there were several matters on the board of Justice Chawla.
The court said the matter would be heard on November 9 and gave liberty to the associations lawyers — Kushal Kumar and Aditya Kapoor — to file additional documents on record.
DPWA, in its plea, has sought quashing of Delhi governments June 24 notification appointing the SPPs, including Solicitor General Tushar Mehta, on the ground that it was issued on police recommendations, in violation of the scheme provided under the Criminal Procedure Code (CrPC).
It has sought that the appointment of independent SPPs be done by “respecting the principles of fairness and impartiality”.
The plea has claimed that the appointment of the 11 SPPs, including the SG, on the recommendations of Delhi Police “is a divergence from the principles of free and fair trial which is part of Article 21 of the Constitution”.
According to the petition, the proposal of Delhi Police to appoint SPPs was initially rejected by the Delhi government which decided to appoint SPPs from the empanelled advocates.
A revised proposal forwarded by the police was also rejected by the Delhi government, the plea has said, adding that subsequently, the Lt Governor intervened in the issue and decided to proceed with the names recommended by the police.
It has said that this led to a difference of opinion between the LG and the Delhi government and the issue was referred to the President who approved the names suggested by the police.
In view of the Presidential approval, Delhi government issued the June 24 notification appointing the SPPs recommended by the police, the petition also said.
It has claimed that the association sent a representation to the Delhi government against the appointment of the SPPs, but no action was taken.
(Except for the headline, this story has not been edited by The Federal staff and is auto-published from a syndicated feed.)