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The Delhi High Court today issued notice in Delhi Government's plea against the Lieutenant Governor's (LG) decision to appoint advocates chosen by the Delhi Police as Special Public Prosecutors (SPPs) for cases connected to the Northeast Delhi riots and Farmers’ Protests.

The Delhi Government submitted to the court that, "the appointment of the SPPs chosen by the Delhi Police in the present case will seriously jeopardise the fair trial in the cases related to farmers’ agitation and North-East Delhi Riots/ Anti-CAA protests."

The division bench of Chief Justice D N Patel and Justice Jyoti Singh has sought response from the Centre and the LG and listed the case for hearing on Oct 21.

Sr. Adv. Abhishek Manu Singhvi represented the Delhi government in the petition that has been filed through Adv. Shadan Farasat.

It has further been submitted that the government had rejected the Delhi Police’s request to appoint its chosen advocates as SPPs on the ground that the ‘prosecutor’ must be independent of the ‘investigator’ in keeping with the prosecutor’s role as an independent officer of the court and in order to fulfill the constitutional guarantee of a fair trial.

The cabinet agreed to appoint independent SPPs which was not agreeable to the LG, it added. LG had then referred the issue to the President.

The government has argued that “This ‘difference of opinion’ and consequent referral thereof to the President by the LG is in the teeth of Article 239AA(4) as interpreted by the Hon’ble Supreme Court “.

“The appointment of prosecutors is a routine matter of administration, relatable to Entries 1 and 2 of the Concurrent List. It has no adverse implications on vital interests of the nation. It cannot, by any stretch of  imagination, qualify as an exceptional, extreme or unusual situation which warranted a reference to the President,” it added.

The government has also contended that  the appointment of SPPs chosen by and at the behest of the investigating agency, i.e., Delhi Police and approval of such appointment by the President impinges on the independence of the SPPs and is contrary to established legal principles and violates the constitutional guarantee of a fair trial.

Case Title: Govt of NCT of Delhi v Lieutenant Governor, NCT of Delhi & Anr