High Court: Why can’t Centre, Delhi Govt resolve row over Lawyers?

On Friday, the High Court of Delhi adjourned till Aug 17 a plea relating to a northeast Delhi riots case, after a fresh application was filed by yet another Advocate alleging to represent Delhi Police.

“Why don’t both governments sit together & resolve the issue rather than unnecessarily waste the time of courts?” Justice Suresh Kait observed while hearing a plea challenging the bail granted to the owner of a private school.

During the hearing, where till now the tussle was between the central & Delhi Govt’s standing counsels over who will represent Police, the Court was surprised when a 3rd lawyer, special public prosecutor (SPP) Amit Prasad, turned up & said the President of India had cleared the appointment of 11 SPPs in relation to 752 northeast Delhi riots cases & he would represent the state before the trial Court & in plea.

“Earlier it was between Centre & State, now there are two lawyers for Centre,” the Court remarked, noting that Police had failed to file written arguments. 

Central Govt standing counsel Amit Mahajan alleged the lieutenant governor had sent a proposal to the Delhi council of ministers on a set of lawyers who could represent the prosecution & soon there should be no confusion.

Earlier, when Mahajan filed a plea on behalf of police challenging a trial court’s June 20 order granting bail to school owner Faisal Farooq, Govt. of Delhi standing counsel Rahul Mehra opposed it saying the Centre had no power to file it.

Prasad, in the fresh application, sought modification of the high court’s July 2 order in which it had directed additional solicitor general Aman Lekhi, representing the state, & Mehra to file written arguments.

The Police have also sought to place additional facts in its plea, claiming a life-threatening call was made to the complainant’s son from an unknown number & it was allegedly made on behalf of the accused.

On July 22, the HC dismissed a plea by Prasad on behalf of Delhi Police seeking to cancel Farooq’s bail. A similar plea is already before it, the Court had said. Farooq, owner of Rajdhani School in Shiv Vihar, is among the 18 arrested for alleged involvement in burning & damaging property of the adjacent DRP Convent School.

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