Special prosecutors row: Delhi HC allows govt to withdraw plea against LG order

New Delhi: The Delhi High Court on Monday allowed the BJP-led government in the capital to withdraw a plea against Lieutenant Governor allowing Delhi Police to choose special public prosecutors for February 2020 riots and 2021 Republic Day violence cases.

A bench of Chief Justice D K Upadhyaya and Justice Tushar Rao Gedela said, “The application is allowed and the petition is dismissed as withdrawn." The court passed the order after the Lieutenant Governor's counsel did not object to the plea.

The erstwhile AAP government had challenged the LG’s decision on the ground that it wouldn't be in the interest of a fair trial to have Delhi Police chosen lawyers as SPPs in cases of farmers' protests-related violence on January 26, 2021 and Delhi riots.

The appointment of special public prosecutors (SPP) was a routine matter and not an exceptional one requiring a reference to President and LG had "no sound reason" for referring the matter to President when the government had agreed to appoint independent SPPs, it said.

The previous government further argued SPPs were chosen by Delhi Police in "serious conflict of interest".

LG's order on the appointments came on July 23, 2021 which the former government alleged jeopardised fair trial as the SPPs were taking charge of the matters and displacing the regular public prosecutors.

The plea as a result sought an urgent court intervention.

LG’s order invoked the proviso to Article 239-AA(4) of the Constitution in his reference to President which is still pending with President.

The government's plea also challenged the July 26, 2021 notification over the same aside from the Centre's August 4, 2021 order endorsing the LG’s view and approving the appointments.

The appointments were contrary to established legal principles and violate the constitutional guarantee of a fair trial, it contended.