Delhi High Court Issues Notice in Plea Challenging Appointment of 11 Special PPs For Representing Delhi Police in Riots Cases

While issuing the notice, the Single Bench of Justice Navin Chawla also added the Ministry of Home Affairs as a necessary party to the case.

Moved by Delhi Prosecutors Welfare Association, the writ petition challenges the notification dated 24/06/20 issued by the Delhi Government whereby eleven Special Public Prosecutors were appointed for conducting cases pertaining to the Delhi riots.

The petition also seeks a direction to be issued to the Delhi Government to appoint independent Special PPs, respecting the principles of fairness and impartiality.

It is the case of the Petitioner that the current cohort of Special PPs have been appointed on the recommendation of the Delhi Police, which violates both section 24 of the Criminal Procedure Code as well as the law laid down by the Supreme Court.

It is contended that the impugned notification is unsustainable as it has been issued by the Lieutenant Governor of Delhi without the aid and advise of the Delhi Government. The petitioner argues that as per the interpretation given by the Supreme Court to Article 239AA of the Constitution, the L-G of Delhi cannot take a unilateral decision for the appointment of prosecutors.

It is further argued by the Petitioner that these appointments violate Article 21 of the Constitution which guarantees free and fair trial to every accused person.

The appointment of the 11 SPPs on the recommendations of Delhi Police "is a divergence from the principles of free and fair trial which is part of Article 21 of the Constitution", stated the plea.

According to the petition, the proposal of Delhi Police to appoint SPPs was rejected by the Delhi government which decided to appoint SPPs from the empanelled advocates.

A revised proposal forwarded by the police was also rejected by the Delhi government, adding that subsequently, the Lt Governor intervened in the issue and decided to proceed with the names recommended by the police.

It said that this led to a difference of opinion between the LG and the Delhi government and the issue was referred to the President who approved the names suggested by the police.

In view of the Presidential approval, Delhi government issued the June 24 notification appointing the SPPs recommended by the police, the petition states.

The plea claims that the association sent a representation to the Delhi government against the appointment of the SPPs, but no action was taken.

Today, Senior Advocate Vikas Pahwa appeared for the Petitioners.

The court will next take up the matter on January 12.