2G case: Contempt petition filed in SC challenging Tushar Mehta’s appointment as SPP

A contempt petition has been filed in the Supreme Court calling into question the Centre’s recent appointment of ASG Tushar Mehta as the Special Public Prosecutor (SPP) for the 2G case..The petition filed by Centre for Public Interest Litigation, through advocate Prashant Bhushan, contends that Mehta’s appointment is in violation of Supreme Court orders passed in 2011 and 2014..By way of background, the Supreme Court in an order dated April 11, 2011 had appointed then Senior Advocate UU Lalit as the SPP for the 2G cases. Following Justice Lalit’s elevation to the Supreme Court, the Court appointed Senior Advocate Anand Grover as the SPP, vide an order dated September 2, 2014..Almost two months after the Special CBI Court’s judgment acquitting A Raja, Kanimozhi and others in the 2G case, the Centre issued a notification dated February 8 appointing Mehta as the SPP for the case..And now, the instant petition has been filed against Ajay Mittal, Secretary of the Union Home Ministry’s Department of Personnel and Training (DoPT), who has allegedly “willfully disobeyed” the directions of the apex court by notifying the appointment of Mehta. The petition states,.“That the Respondent by appointing Shri Tushar Mehta, who is currently a senior law officer of the present government, as the Special Public Prosecutor has acted in complete violation of the order dated 02 September, 2014 passed by this Hon’ble Court. The above mentioned impugned notification is ultra vires to the said order and thus is void.”.Further, it is contended that the DoPT has no authority to make such an appointment..“Respondent has no authority to supersede the decision of this Hon’ble Court and the said act is nothing but a gross contempt of orders passed by this Hon’ble Court. That this conspicuous act very evidently depicts the mala fide intentions of the Respondent.”.Thus, it has been prayed that contempt proceedings be initiated against Mittal, and that the notification appointing Mehta as SPP be set aside..Read the petition: