"Delhi Riots & Farmers Protests Disturbed Public Order, Matters Of National Importance": Centre Defends LG Appointed Prosecutors

Defending the Delhi Lieutenant Governor's appointed Special Public Prosecutors to argue cases related to Farmers Protest and Delhi Riots, Centre has told the Delhi High Court that the cases, being highly sensitive in nature, are matters of national importance.

In a common counter affidavit submitted by the Centre and Delhi LG, it has further been submitted that both Delhi riots and farmers agitation cases led to disturbance of public order which prompted a need for efficient, fair and just prosecution of the FIRs in order to retain the faith in the country's law and order machinery.

"Merely because the incidents took place within the geographical jurisdiction of the Union Territory of Delhi, would not suffice to treat those matters as falling under direct control of the Petitioner," the affidavit reads.

The counter affidavit has been filed in a petition filed by the Delhi Government against an order of the Lieutenant Governor, overturning the Cabinet's decision to appoint a panel of prosecutors of its choice to argue cases related to Farmers Protest and Delhi Riots.

The Delhi Govt had rejected the Delhi Police's recommendations and had appointed a panel of its own choice. Later, the LG invoked his special powers under proviso to Article 239-AA(4) of the Constitution and appointed Delhi Police's chosen advocates as SPPs to conduct the said cases, pending a decision from the President.

The affidavit reads " the Constitution of India through Article 239AA has sought to impart a hybrid, sui generis status to Delhi. The Balakrishna Committee while recommending a Legislative Assembly for the Union territory of Delhi, stated that Delhi as a capital of the Union occupies a unique position for the nation as a whole and therefore it is in national interest that the Central government retains a comprehensive control over the affairs of the capital to secure a high degree of security."

It has been submitted that the Delhi riots and farmers protest cases, apart from being highly sensitive, had attracted a lot of international attention.

"The Lieutenant Governor while acting as the administrator of the Union territory of Delhi is in the position of a delegate of the President. Hence, in matters· where issues have arisen directly from laws enacted by the Parliament, the Lieutenant Governor i.e. the answering respondent No. 1 has the responsibility to have a more active role in those matters," the affidavit reads.

Further rebutting the argument made in the petition that the 'appointment of SPPs' was a routine matter and not an exceptional matter for which reference to the President can be made, it has been submitted thus:

"The two sets of cases involve matters of grave national concern. The Lieutenant Governor while acting as the administrator of the Union territory of Delhi is in the position of a delegate of the President. Hence, in matters where issues have arisen directly from laws enacted by the Parliament, the Lieutenant Governor 1.e the answering respondent No. 1 has the responsibility to have a more active role in those matters."

It has further been submitted that appointment of additional SPPs was recommended by the LG for an efficient, speedy and just prosecution of the cases being highly sensitive in nature and the same has no bearing on the competence or independence of the prosecutor who is an officer of the Court.

"…..the petition filed by the Petitioner is steeped in malafides and an erroneous understanding of law surrounding the exercise of powers by the Respondents and therefore needs to be dismissed with cost," the affidavit adds.

The plea stated that the appointment of SPPs by the investigating agency, i.e., Delhi Police impinges on the independence of SPPs and violates the constitutional guarantee of a fair trial.

Case Title: GNCTD v. LG