NEW DELHI: The Aam Aadmi Party on Saturday objected to "constant intervention" of Delhi Lt Governor Anil Baijal in the appointment of special public prosecutors for cases pertaining to Delhi riots and anti-CAA protests.
The party insisted that only a panel of lawyers selected by its government should be appointed and not the one recommended by the police or the Centre as the force has faced "serious allegations" on its response to the riots.
Citing difference of opinion with the AAP dispensation, Lt Governor Baijal has written to Chief Minister Arvind Kejriwal asking him to decide within a week on the Delhi Police''s proposal to appoint six senior advocates for arguing on its behalf in cases related to riots and anti-CAA protests.
Baijal, in his letter to Kejriwal, said that acting Home Minister Manish Sisodia did not agree to the Delhi Police proposal despite the force providing detailed justification for it.
"The Aam Aadmi Party expresses its strong objection to the constant intervention of the Lt. Governor in the appointment of Special Public Prosecutors for cases pertaining to Delhi riots and anti-CAA protests," the AAP said in a statement.
Calling Delhi riots a "blot" on Delhi and the entire country, senior AAP leader and Rajya Sabha MP Sanjay Singh said the AAP government is committed to ensure strictest possible punishment to all those involved in the violence.
"But for that to happen, independent investigation by the police and a free and fair trial are a must. The LG and the central government are insisting on the appointment of a panel of Special Public Prosecutors chosen by the central government. This is happening at a time when there are very serious allegations on the response of Delhi Police to these riots as well as how the investigation process is going on," he said.
There are reports that the "police is busy implicating some people, while at the same time trying to save others," he claimed.
"It is therefore extremely important that the public prosecutors for these cases are independent. If they are under the central government and appointed by Delhi Police itself, their independence is under serious question."
"Therefore it is important that the panel of lawyers chosen by Delhi government represent these cases in the courts," he added.
AAP leader and MLA Raghav Chadha said under the law, specifically the CrPC, it is very clear that the Public Prosecutor is a representative of the State and not the Police.
The same principle has been upheld by the orders of the High Court of Delhi in 2016 and Supreme Court (Division bench) in 2017, and the power to appoint Public Prosecutors has been granted solely to Delhi government.
"Delhi Police being the investigating agency therefore, should have no role in deciding the lawyers," Chadha said.
However, under the Constitution, the Lt. Governor of Delhi has special powers to overturn any decision of the elected government.
The Supreme Court has made it clear that this power has to be used in the rarest of rare cases.
Last month, the LG used these extraordinary powers to appoint 11 central government lawyers to represent cases pertaining to Delhi riots in the lower courts, he said.
"Now, the LG wants to appoint central government lawyers to represent these cases in the High Court and Supreme Court too. "When Delhi's Home Minister Manish Sisodia, strongly objected to appoint the panel of lawyers recommended by Central government, LG yesterday wrote a letter to the chief minister conveying his disagreement with the decision of Delhi's Home Minister and directing the Council of Ministers to consider this matter and give its recommendation within a week," he added.