Delhi riots, Farmers protests matters of grave national concern: Centre defends appointment of SPPs

The Central government and the Delhi Lieutenant Governor (LG) have defended their appointment of Special Public Prosecutors (SPPs) to deal with Delhi riots and farmers’ protest cases, on the ground that these are highly sensitive cases and matters of grave national concern that have garnered lot of international attention [GNCTD v Lt. Governor Delhi]..A common counter affidavit by the LG and the Central government argued that the former exercised his powers for valid reasons as it became necessary to safeguard the ‘national interest’, and that the issue of appointment of SPPs arose in these two sets of cases because these were no routine matters and the inherent controversies had inception in laws promulgated by the parliament.“The unfortunate incident of communal riots in North-east Delhi involved a huge loss to life and property and displayed an effort on the part of miscreants to create rift between two communities, thus directly challenging the secular character of the nation. Any matter arising out of the incident warrant a direct involvement of the Union government as the incident sought to affect the unity and integrity of the country. The fact that such incidents affecting the unity and integrity of the country took place within the geographical jurisdiction of the NCT of Delhi, which serves as a National Capital to the country, is evidence of the fact that the issues involved are national in character and thus, in the opinion of the Respondent, was a case fit for reference to the President,” the affidavit filed through advocates Arkaj Kumar and Padmesh Mishra said. .The Delhi government and the Lieutenant Governor have been at loggerheads over the appointment of SPPs to argue the Delhi riots and farmers' protest matters pending before various courts in the national capital. While the LG has claimed that the appointment of SPPs were done on request of the Delhi Police, the State government has said that appointment of prosecutors falls in its domain and these appointments, on request of the police, can compromise the competence and independence of the prosecutor who is an 'officer of the Court'. .The Centre' s affidavit stated that the agitation against the erstwhile farm laws was going on since late 2020, and the issue arose out of promulgation of a Union law that spanned the entire country, and the protest attracted international attention. “Needless to state that the Union government has a direct interest in any matter concerning the issue more particularly in view of the fact that these matters apart from being highly sensitive, have attracted a lot of international attention,” it was submitted. .It was argued that the LG made “sufficient efforts” to resolve the difference of opinion with the Council of Ministers as regards appointment of SPPs as mandated by the Supreme Court and Transaction of Business Rules 1993 and the powers under Article 239AA(4) were used only as a last resort.“The appointment of additional SPPs have been recommended by the answering respondent No. 1 for an efficient, speedy and just prosecution of the cases which are highly sensitive in nature. It is being submitted that the same has no bearing on the competence or independence of the prosecutor who is an 'officer of the Court' and fulfils the duty of efficiently assisting the court.”.[Delhi Riots] Delhi HC directs Central Govt counsel to show letter from Lt-Governor authorizing him to file plea in Faisal Farooq bail case