North- East Delhi riots: Arvind Kejriwal government again rejects L-G Anil Baijal’s panel of lawyers
NEW DELHI: In a fresh twist over appointment of lawyers, the Delhi government on Tuesday again rejected a panel of lawyers proposed by Lieutenant Governor Anil Baijal for cases related to North-East Delhi riots. Many legal experts believe that the Delhi government is within its rights to do so, as appointing public prosecutors is a domain of the state government.
“Like in any other state, the Delhi government has the power to appoint public prosecutors as per the Constitution. The LG’s intervention is only political,” said GS Chaturvedi, a senior lawyer.
The Arvind Kejriwal-led AAP government has said the role of Delhi Police during the riots and its investigation has been questioned by various session courts. So, the panel of lawyers suggested by the police may not ensure a fair trial.
The administrative control over Delhi Police lies with the LG as per a Supreme Court order. Section 24 of the CrPC says the government has the right to appoint public prosecutors.
“It has always been an issue between the Centre and Delhi government. The guidelines of the Supreme Court should be followed,” said former standing counsel, Meera Bhatia.
Under the Constitution, the Lieutenant Governor has special powers to intervene and overturn any decision of the elected government of Delhi. But the Supreme Court has said the L-G can exercise this right only in the rarest of rare cases. “This is not such a case,” said Bhatia.
Choice of lawyers the bane
The tussle began when Delhi Police suggested six senior lawyers, including Solicitor General of India Tushar Mehta, as Special Counsel in cases related to CAA & riots.