On Monday, the High Court of Delhi issued notice on a plea challenging the appointment of Special Public Prosecutor (SPPs), including Solicitor General (SG) Tushar Mehta, in cases pertaining to north-east Delhi riots, adding that the matter would require a response from the authorities concerned.

Justice Navin Chawla, while seeking the response of the Govt of Delhi & the City Police, also asked the petitioners— Delhi Prosecutors Welfare Association (DPWA)—to implead Ministry of Home Affairs (MHA) in the plea after Additional Solicitor General (ASG) Sanjay Jain said the Centre had taken the decision & hence they should be a party to the proceedings.

The plea, filed through Lawyers—Kushal Kumar & Aditya Kapoor of Erudite Legal Partners — has sought quashing of Delhi Govt’s June 24 notification appointing the 11 SPPs on the ground that it was issued on police recommendations, in violation of the scheme provided under the Criminal Procedure Code (CrPC). It has also sought appointment of independent SPPs by “respecting the principles of fairness & impartiality”.

Appearing for the petitioner, Senior Lawyer Vikas Pahwa contended that a public prosecutor is an independent person & can't be appointed by the police themselves. He submitted that the Police cannot decide as to who would represent them otherwise the purpose of free trial is defeated. In this case, he said, even the remuneration to be given to the SPPs would be given from the accounts of Delhi police which is not correct as the same should come from either the MHA or the Delhi Govt.

He said that “The very purpose of the prosecution is that it should be insulated & independent of the police. These kind of appointments have been quashed in the past by the Supreme Court as well".

Representing the Delhi police, ASG Jain said the decision was taken by the MHA & hence it would not be able to proceed without the Centre being heard in the matter.

Following this, the Court impleaded the MHA & issued notice to the authorities seeking their response by Jan 12.

According to the plea, the proposal of the Delhi Police to appoint SPPs was initially rejected by the Govt of Delhi which decided to appoint SPPs from the empanelled advocates. A revised proposal forwarded by the police was also rejected by the Delhi Govt, the plea has said, adding that subsequently, the Lt Governor intervened & decided to proceed with the names recommended by the police. 

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