On Monday, the Delhi High Court took up for hearing a plea challenging the bail granted to a Delhi riots accused..
Representation of Delhi Police, Central Government or Delhi Government, seems to be a dispute that follows all Delhi riots cases before Court.
Senior Standing Counsel (Criminal) of Delhi Government, Rahul Mehra entered his appearance on behalf of the State/Prosecution while Solicitor General Tushar Mehta claimed that he was under instructions from the Central Government to file the present petition and also appear before the High Court.
Mehra disputed the assertions made by Mehta and submitted that the Central Govt had no power to file the petition against order.
At this stage, SG Mehta submitted that he seeks permission to withdraw his name from the present petition in this situation, out of disgust.
To resolve their issue, the Court adjourned the hearing in the matter till post-lunch while observing:
"Needless to state that it is up to the learned Solicitor General to appear in any matter or not unless specifically directed by the Court."
Post Lunch, Additional Solicitor General Aman Lekhi attended appearance on behalf of the Central Government and instead of Standing Counsel Mehra who was busy with another matter, Additional Public Prosecutor Amit Chadha appeared before the Court.
APP Chadha informed the Court that the "controversy" shall be resolved during the course of the day.
The Court then issued notice in the plea and stayed that order of bail if the accused was still in custody.
The same dispute was witnessed in yet another Delhi riots case on the same day. This matter was listed for hearing before a Single Judge Bench of Justice Rajiv Shakdher.
While SG Mehta and ASG Lekhi sought an adjournment in the bail hearing of Delhi riots accused Safoora Zargar, Standing Counsel Mehra objected to their appearance of behalf of Delhi Police.
Mehra asserted that obtaining requisite approvals from the Delhi Government was mandatory for the appointment of Special Counsel in a matter and stated that such appointments couldn't be done by the Lieutenant Governor in a unilateral manner. He also that his office was being bypassed as the Central Govt found him inconvenient.
He said:
"Appointment of prosecutors/special counsel can only be made on the aid and advice of the Council of Ministers of the Delhi Government. I am not a mere post office. I am an officer of the court."
The Court adjourned the matter for a day without any observations from the Court on who was the rightful representative of the Delhi Government.
The order has been passed by Justice Suresh Kumar Kait on 22-06-2020.
Read Order Here:
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