Row over prosecutors in Delhi riots cases escalates

Reacting to the letter, Kejriwal in an interview to HT on Saturday said the decision to frequently use gubernatorial powers in cases of difference of opinion with the elected government was against the spirit of a Supreme Court judgment dated July 4, 2018.

The ruling Aam Aadmi Party (AAP) on Saturday objected to interventions by lieutenant governor (L-G) Anil Baijal in the judicial representation of cases on the northeast Delhi riots and anti-citizenship amendment act (CAA) protests even as the L-G’s office sent a letter to the CM saying the government must decide if the police proposal to appoint six lawyers was acceptable to it.

Charred vehicles are carried using a crane following violent clashes in North East Delhi over the new citizenship law, at Chand Bagh, in New Delhi on February 29, 2020. (Sonu Mehta/HT PHOTO)

Baijal said in the letter that despite the police justifying its choice of lawyers, deputy chief minister Manish Sisodia rejected the proposal.

“Since the difference of opinion still persists, I would request the chief minister to expeditiously refer the matter to the Council of Ministers under Rule 49 of TBR of GNCTD, 1992 with Section 45 (c) of the Government of NCT Act, 1991. In view of urgency and sensitivity of the matter, it is requested that the decision of cabinet be communicated expeditiously, preferably within a week,” stated the contents of the letter as read out by an official in Sisodia’s office.

If the Delhi Cabinet decides to hold on to its stand of appointing its own panel of lawyers led by Delhi government counsel Rahul Mehra, then the L-G is likely to refer the matter to the President exercising his powers in the event of a difference of opinion with the elected government, said an official in the L-G office.

Reacting to the letter, Kejriwal in an interview to HT on Saturday said the decision to frequently use gubernatorial powers in cases of difference of opinion with the elected government was against the spirit of a Supreme Court judgment dated July 4, 2018. The latest disagreement has been over the appointment of public prosecutors, most recently in the hiring of lawyers to represent the state in the northeast Delhi riots cases.

“I personally feel that the Centre’s decision to use this extraordinary power in the matter of deciding the advocates is not in the correct spirit of the SC judgment, according to me. Deciding on lawyers does not account for a ‘rarest of rare case’. But, still, they keep using that power,” Kejriwal said.

Officials said there was a meeting between Baijal and Sisodia through video conference on Friday to settle differences, but the matter could not be resolved.

Senior AAP leader and Rajya Sabha MP Sanjay Singh said, “The AAP government in Delhi is committed to providing the strictest possible punishment to all those involved in these riots. But for that to happen, an independent investigation by the police and a free and fair trial are a must. The L-G and the central government are insisting on the appointment of a panel of special public prosecutors chosen by the central government.”

“This is happening when there are very serious allegations on the response of Delhi Police to these riots as well as how the investigation process is going on... If they are under the central government and appointed by Delhi Police itself, their independence is under serious question.”

The L-G office in a statement said the cases pertaining to the northeast Delhi riots and the anti-CAA protests involved large scale communal violence and require careful handling in view of their gravity and deep impact on the society.

“As such, effective prosecution in these cases is the need of the hour. Since the cases are of highly sensitive nature, very large in numbers and there are several petitions including bail matters, other applications and writ petitions, these require constant monitoring and coordination across different courts. It was felt that a dedicated team of prosecutors is needed and senior law officers/senior advocates/advocates may also be appointed as Special Public Prosecutors to ensure that the cases are handled properly and in a focused manner,” the L-G office said.

On July 10, the Delhi police had sent a proposal to the Delhi government recommending the names of six special public prosecutors including Solicitor General Tushar Mehta and Additional Solicitor General Aman Lekhi to fight 85 cases related to the riots and the anti-CAA protests in the high court.