Delhi riots: AAP govt rejects lawyers proposed by police
CABINET Need for free and fair trial of cases, not possible with police panel: Govt
nNEWDELHI: The Delhi government appeared headed for another flashpoint with the Lieutenant Governor on Tuesday after it rejected a panel of lawyers proposed by the Delhi Police in cases linked to the deadly communal riots and the anti-caa protests in the Capital earlier this year, citing the need for a “free and fair” trial over the violence.
In February, 53 people died in communal riots triggered by violent clashes between the supporters and opponents of the Citizenship (Amendment) Act, or CAA. Cases are currently being argued in the Supreme Court and the high court in cases related to the riots.
The decision to reject the lawyers’ panel backed by L-G Anil Baijal was taken at a meeting of the Delhi cabinet, chaired by chief minister Arvind Kejriwal.
The cabinet rejected the panel on the grounds that the courts have raised “serious questions” on the “fairness” of the riots investigation, the Aam Aadmi Party (AAP) government said in a statement. “The cabinet also observed that in such a situation a free and fair trial of these cases would not be possible by a panel of lawyers selected by the Delhi Police itself,” it said. It directed the home department to constitute an “impartial panel of the best possible lawyers in the country” to fight the cases.
Tuesday’s meeting was held on the direction of L-G Baijal, who, in a letter to Kejriwal on July 16, gave the Delhi government a week’s time to decide on the panel of lawyers it wanted to appoint to fight the cases.
On July 10, the Delhi Police sent a proposal to the Delhi government, recommending the names of six special public prosecutors, including solicitor general Tushar Mehta and additional solicitor general Aman Lekhi to fight 85 cases related to the riots and clashes during protests against CAA.
L-G Baijal’s office declined to comment on the matter.
On July 18, the L-G’S office, in a statement on the same matter, said the north-east riots and the anti-caa protest cases are of “highly sensitive nature” as they involved large-scale communal violence and require careful handling in view of the gravity and deep impact on the society.
The Delhi government later said that anyone who was guilty of causing communal violence in the Capital should be punished severely, but in no case should the innocent be harassed.
Deputy chief minister Manish Sisodia, while rejecting the idea of the panel proposed by the Delhi Police, earlier demanded that the Delhi government’s team of lawyers led by Rahul Mehra be assigned the task.
Tuesday’s Cabinet note, seen by HT, rejected the L-G’S view of going with the Delhi Police’s panel on three grounds: allegations against the Delhi Police that its investigation in these cases was biased; lawyers should be independent of the police; and the matter does not qualify as “rarest of the rare” case for the L-G to interfere.
It observed that it is the “basic principle of criminal jurisprudence” that investigations should be completely independent of prosecution and the police should not be allowed to decide the lawyers in any case. The Cabinet also alleged “repeated interference” by the LG in appointing the panel of lawyers. “The Constitution Bench of the Supreme Court, in its order dated July 4, 2018, has repeatedly mentioned that the LG should use this power in ‘rarest of rare cases’. Which lawyer should represent a case - this matter certainly cannot qualify as ‘rarest of rare case’,” the Cabinet note read.
A senior government official, who spoke on condition of anonymity, said that as per the procedure, the next step in the matter will be that the L-G will send it to President Ram Nath Kovind.
The latest run-in comes barely a month after the L-G and the Delhi government disagreed over the appointment of 11 public prosecutors proposed by the Delhi Police in lower courts for over 750 riot cases.
The L-G then decided to refer the matter to the President, citing a “difference of opinion”. Following the move, then home minister Satyendar Jain had approved the Delhi Police’s panel.
Responding to the government’s statement on Tuesday, the Delhi Police said it will leave no stone unturned to ensure successful prosecution.
“Delhi Police has conducted the investigation of N-E riot cases in a fair and impartial manner and to improve the quality of prosecution it has recommended the panel of senior law officers for the post of special prosecutors under section 24(8) of CRPC for group of anti-caa and N-E riotrelated important cases,” said Delhi Police spokesperson MS Randhawa.
nNEW DELHI: The Delhi High Court on Tuesday pulled up the Delhi University for its lack of preparation and facilities, including the arrangement of scribes and CSE Centres, for differently abled students to facilitate them to appear in the Open Book Examinations (OBE) for final-year undergraduate courses.
“This is how you are concerned about the career of differently abled students who have to appear for final-year exams. We are aware of the challenge to UGC guidelines that is before the Supreme Court. But we will surely ask questions about your preparation for the exams,” a bench comprising justices Hima Kohli and Subramonium Prasad said.
“I am sure DU is cognisant of the fact that the career of students is at stake, how can you be so slow,” Justice Kohli asked the university.
The court sought to know how many students in the Persons with Disabilities (PWD) category have applied to take exams through Common Service (CSE) Centers, which have been set up to provide services to students who do not have the infrastructure to attend OBE.
The counsel appearing for the University said he would require time to get the details.
The court was hearing a plea by a law student Prateek Sharma and the National Federation of Blind through a senior advocate SK Rungta seeking to set up effective mechanisms for visually impaired and specially abled students so that educational instructions can be imparted to them properly via the online mode of teaching .
“It is also important for us to know that if the students who have asked for scribes will be able to interact with them two days before the exams,” the bench said while noting the submission of senior advocate Kapil Sibal, who appeared for Sharma, that as per the varsity’s guidelines, scribes will be given to the students before the exams to check for suitability.
The matter will be now heard on July 30.
NEW DELHI: The Delhi High Court on Tuesday dismissed a plea challenging the water and electricity subsidies given by the AAP government and also imposed a cost of Rs 25,000 on the petitioner, stating that it was “absolutely and purely” a policy decision, which does not require interference.
A bench of chief justice DN
Patel and justice Prateek Jalan said water and electricity concessions were being given by the Delhi government as per its policy decision which was based upon complex facts and situations prevailing in the society.
It said the policy is based on the desire of the people and “how to rule a state has to be best left to the people doing so”. The bench further said that unless an illegality in a policy is pointed out, the court was not inclined to alter it or interfere with it. “The court cannot impose even a better policy,” it said, adding “we see no reason to entertain the petition”. “Petition is dismissed with cost of ₹25,000 to be deposited.”