New Delhi: Delhi Lieutenant Governor (LG) Anil Baijal told the high court that the appointment of an additional special prosecutor (SPP) has been recommended for prosecution efficient, fast, and only requires a very sensitive case, such as the Northeast Delhi Violence.
LG, through a written statement, further submitted that the same thing does not have a residence on the competence or independence of prosecutors who are “officers of the court” and fulfill tasks efficiently assist the court.
LG Baijal through a written statement in the petition against the Delhi High Court challenging the Delhi government’s decision to allow a lawyer Lt.
Governor of Delhi elected as public prosecutor (spp) for cases related to the protests and farmers.
In reply, the LG’s office, while maintaining the additional designation SPP, submitted that the petition filed by the Applicant (Delhi Government) immersed in a mala fide and a misunderstanding of the law that surrounds the exercise of power by the respondent and therefore need to be dismissed with costs.
Earlier, the Delhi HC had asked the Delhi government’s response on a plea challenging the decision which allows the lieutenant governor elected attorney Delhi as a public prosecutor (spp) for cases related to farmers’ protests and North Delhi.
Applicant, the Delhi government, has stated that the order LG July 23, 2021, and MHA in August 2021, by which the public prosecutor (SPP) has been appointed to prosecute the cases related to the agitation of farmers and Delhi riots / protests anti-CAA.
“SPP is appointed has been selected by the Delhi police and thus has a conflict of interest seriously.
SPP took over matters by displacing the public prosecutor regular and therefore, the direction of the urgent need of the court to allow the prosecutor to proceed in order not to endanger a fair trial in these cases, “they said in the petition.
The application was handed that “dissent” and referrals as a result to the President by LG in the teeth of Article 239AA (4) as interpreted by the Supreme Court as “Designation fees” are a matter of routine and exceptional thing for a reference to the president can be created and LG does not have any sound reason to refer this matter to the president when the applicant has agreed to appoint an independent SPP.
Additional standing adviser to the Government of Delhi, Advocate Shadan Farasat said, “The appointment of SPP selected by the Delhi Police in this case would seriously jeopardize a fair trial in cases related to farmer agitation and unrest Northeast Delhi / Anti Aa protest.
Confidence LG SPP selected by the Delhi police will act independently only thinking wishful thinking and have no basis or logic.
“in this case, both Delhi police and LG do not have any complaints against the work of the public prosecutor regular in conducting cases related the farmer agitation and unrest Northeast Delhi.
“Also no complaints that these cases be postponed because of the number of public prosecutors is inadequate.
Accordingly, there is no reason for the Delhi police to seek the appointment of SPPS or LG to agree on the same thing,” she read.
SPP designation for cases related to the violence and protests of farmers of North Delhi has emerged as a new sticky point between the Delhi government and Delhi lieutenant governor.
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