HC issues notice to govt on plea against appointment of SPPs in Delhi violence cases
Nov 09, 2020
New Delhi [India], November 9 : The Delhi High Court on Monday issued notice to the Delhi government and others on a plea against the appointment of Special Public Prosecutors, including Solicitor General Tushar Mehta, in northeast Delhi violence cases.
A single-judge bench of Justice Navin Chawla, after hearing submissions, directed the Union Ministry of Home Affairs to be impleaded as a party in the case and thereafter issued notice to all respondents. The matter is now listed for further hearing on January 12, 2021.
The bench also took note of the submissions made by senior counsel Vikas Pahwa, appearing on behalf of the petitioner, stated the crux of the entire matter is to ensure insulation between the police and the prosecution at all times and the criminal jurisprudence involved thereof and thus the impugned notification dated June 24, 2020, has been brought under question.
The High Court was hearing a petition filed by Delhi Prosecutors Welfare Association (DPWA) seeking to quash the Delhi government's June 24 notification appointing 11 Special Public Prosecutors (SPP) in north-east Delhi violence cases.
The petition, filed by advocates Aditya Kapoor, Kushal Kumar, Manika Goswamy and Akash Dep Gupta, for Erudite Legal, said the appointments of Special Public Prosecutors were based on police recommendations.
It said notification has been issued in blatant violation of the objectives and schemes envisaged under Section 24 of the Code of Criminal Procedure(CrPC).
The plea also submitted that there were differences of opinion between the Lt Governor and Delhi government on the recommendation of SPPs. Amidst the dispute, the Lt Governor intervened and decided to proceed with the names recommended by the police and the same led to a confrontation between the Lt Governor and the Delhi government.
The association, in its plea, said there are no criteria provided as to how these advocates are chosen or whether they have experience in conducting the riots cases or whether they have conducted sufficient numbers of cases earlier or what experience they have.
The appointment of the Special Public Prosecutors on the recommendation of the Delhi Police is a divergence from the principles of free and fair trial, which is part of Article 21 of the Constitution of India, the plea added.
