The AAP government argued that it would not be right to let Delhi Police choose the prosecutors in these cases, as it could affect the fairness of the trials.
New Delhi, May 19 – The Delhi High Court has allowed the BJP-led government in Delhi to take back its petition that opposed the Lieutenant Governor’s (LG) decision to let the Delhi Police appoint Special Public Prosecutors (SPPs) for the 2020 northeast Delhi riots and the 2021 Republic Day violence during the farmers’ protest.
The order was issued by a bench led by Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela.
The judges stated, “The application is allowed and the petition is dismissed as withdrawn.”
This decision came after the LG’s lawyer told the court that they had no objection to the withdrawal of the plea.
The original petition was filed by the previous AAP-led government, which had opposed the LG’s direction allowing Delhi Police to select special public prosecutors in sensitive cases, such as the 2020 riots in northeast Delhi and the 2021 violence during the farmers’ protest on Republic Day.
The AAP government had argued that it would not be right to let Delhi Police choose the prosecutors in these cases, as it could affect the fairness of the trials. They felt the SPPs appointed by the police could have a “serious conflict of interest”, since the police themselves were parties to the investigation.
The petition also said that the appointment of special public prosecutors was a routine administrative matter and not an unusual situation that required a referral to the President of India. The government argued the LG had “no sound reason” to involve the President, especially when the Delhi government had already agreed to appoint independent SPPs.
It said the LG’s move was unjustified and could influence the outcome of trials by replacing the regular public prosecutors with those chosen by the police.
Background
The controversy began when the LG issued an order on July 23, 2021, approving the appointment of special public prosecutors selected by the Delhi Police. This move was opposed by the then Delhi government, which said it was done “in serious conflict of interest” and jeopardised fair trial. They claimed that the new SPPs started taking charge of the cases and were displacing regular public prosecutors.
Due to the seriousness of the matter, the AAP government had requested the Delhi High Court to urgently intervene.
The LG had referred the issue to the President of India under the proviso to Article 239AA(4) of the Constitution. This part of the Constitution allows the LG to refer certain matters to the President if there is a disagreement with the elected government. However, the President’s decision on this matter is still pending.
Apart from challenging the LG’s July 23 order, the government had also contested a July 26, 2021 notification and the August 4, 2021 approval by the Central Government, which had supported the LG’s position and allowed the appointments.
The petition strongly stated that these appointments “were contrary to established legal principles and violate the constitutional guarantee of a fair trial.”
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