NEW DELHI: Amid a prolonged tussle with the AAP government on the appointment of special public prosecutors for handling the farm stir cases and three lawyers for cases related to the northeast Delhi riots, LG Anil Baijal has sent the file to the President citing the difference of opinion on the issue. It is the first instance of the LG having referred such a matter to the President after the Centre amended the GNCTD Act.
The LG took the step after his attempts to convince the elected government to approve the Delhi Police panel of lawyers failed. According to sources, the LG has stressed that the special public prosecutors recommended by police should be appointed immediately.
Delhi govt feels nod to police panel of lawyers will deny fair trial to farmers
The Arvind Kejriwal cabinet had last week refused to approve the list proposed by Delhi Police and instead decided that a panel of AAP government-appointed prosecutors would handle the cases.
The cases are related to the stir against the farm laws, including the ones filed on the protests which had turned violent at several places in Delhi on January 26 this year. Forty-eight FIRs were registered against miscreants under various sections of the law. Delhi Police had on February 26 requested the Delhi government’s home department for appointment of 11 lawyers as SPPs to deal with all matters, including trials, appeals, bail pleas and all other miscellaneous matters connected with the FIRs related to the farmers’ agitation.
Arguing that the cases were sensitive in nature and required careful handling in a time-bound manner in view of the gravity of the offences and implications for law and order, the LG had in the first week of this month written to the AAP government to consider the matter at a cabinet meeting. He stressed that the request of Delhi Police was valid.
In a separate decision, the cabinet had also refused to give its nod to another panel of three lawyers recommended by Delhi Police for the northeast Delhi riot cases.
The elected government stated that the central government through the LG was pressuring the cabinet to approve the Delhi Police panel. There was a consensus in the cabinet that letting lawyers suggested by Delhi Police appear in the case of the farmers would seriously hamper legal parity and would not be fair to the accused farmers who have a right to an unbiased trial.
The LG tried to sort out the matter with the elected government at a meeting with home minister Satyendar Jain, conducted through video-conferencing, but the issue remained unresolved.
An official said that in such cases, the file is forwarded to the ministry of home affairs from the President’s office and the latter takes a decision which may be approved by the President. In a similar situation on the appointment of lawyers for the north-east riot cases, the LG had last year referred the difference of opinion to the President and the Delhi Police panel of lawyers was approved.
