'If Solicitor General Is Not Available, Make Alternative Arrangements' : Supreme Court Expresses Displeasure At Adjournments In Delhi Riots Case

The Supreme Court on Tuesday expressed displeasure at the Delhi Police for seeking adjournment in the Delhi riots conspiracy case on the ground of the unavailability of the Solicitor General of India.

If the Solicitor General is unavailable, alternative arrangements should be made, the bench comprising Justices Sanjay Kishan Kaul and AS Oka told the counsel representing the Central Government.

The bench was considering the appeals filed by the Delhi Police against the Delhi High Court order granting bail to student activists Devangana Kalita, Natasha Narwal and Asif Iqbal Tanha. Impleadment applications have also been filed by some co-accused persons in the case in view of the earlier Supreme Court direction that the Delhi High Court's judgment should not be used as a precedent in other cases.

Earlier in the day, when the matter was called out for the first time, no one appeared for the Delhi Police, which reports to the Union Ministry of Home Affairs. The bench then decided to passover the matter for the later part of the day. When the matter came up again at 4 PM, Advocate Rajat Nair appearing for the Union submitted, “Learned SG was here, my lords. The Constitution Bench has just started and he had to rush with Mr. Sibal.”

Justice Kaul remarked, “I saw him. But the point is how will this be heard?”

Nair replied, “Kindly have it next week my lords. He will be here.”, to which Justice Kaul, visibly displeased, remarked, “We are supposed to be vellas (Jobless). We will sit here and you will come when you feel like and go when you feel like.”

Nair replied and said, “I am sorry my lords”

Justice Kaul further remarked, “So somebody else should come. Make alternative arrangements. SG must be required in many matters. Is this a matter for the Solicitor General? I don’t even know that. Last time also we asked you to make alternative arrangements.”

The court then passed the following order, “Once again the position is as on the last date of hearing. When the matter was called on the first occasion, the Solicitor General was not there and when it is called again it is stated that he was present sometime before and has again gone away. Solicitor General may be busy in many matters and this we have mentioned that alternative arrangements must be made. If during the next date of hearing alternative arrangements are not made, we will presume that the government has nothing to say in the matter. List the matter to 21st February.”

“We are giving you last chance. Don’t do this next time. Please don’t make a request again. Because we will proceed to hear them and pass orders,” Justice Kaul added.

Case Title: State of NCT of Delhi & Ors vs Asif Iqbal Tanha & Ors. vs.. SLP (Crl.) No. 4287-4289 of 2021

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