Prosecutors Association moves Delhi High Court against appointment of SPPs for Delhi riots cases

Delhi Prosecutors Welfare Association has filed a petition before the Delhi High Court to set aside the appointment of Special Public Prosecutors for cases pertaining to the Delhi riots of February 2020. (Delhi Prosecutors Welfare Association vs GNCTD).On June 24, the Home (Police-II) Department with the approval of Lieutenant Governor, Delhi had issued a Notification appointing Special Public Prosecutors (SPPs) for Delhi riots cases..Delhi Govt issues Notification appointing Special Public Prosecutors for Delhi riots cases .It is the Association's (Petitioner) claim that the appointment was in blatant violation of the objectives and scheme envisaged under Section 24 CrPC and the law laid down by the Supreme Court. .The Petitioner has stated that although the Delhi Government was ready to appoint SPPs from the empanelled Public Prosecutors, appointment was made on the recommendation of Delhi Police by the Lieutenant Governor. .The names of the said Special Public Prosecutors were recommended by the Delhi Police and then after a tussle between the Hon’ble Lt. Governor of Delhi and the Respondent No. 1, the said names were subsequently approved by the Hon’ble President of India. The appointment of the Special Prosecutors on the recommendation of Delhi Police is divergence from the principles of free and fair trial which is part of Article 21 of the Constitution of India.the Petition reads. .The Petitioner has asserted that a Public Prosecutor does not act as a "post office of the Police" and has to act independently in the court. .Hence, it was imperative for justice that public prosecution does not turn into police prosecution or the Prosecutor becomes a private counsel for the police, it is argued. .It is further argued that the names of certain apointees were not even approved by Delhi Police as those advocates did not have the requisite experience of 10 years at the Bar, which is a primary condition of Section 24(8) CrPC. .The Petitioner has inter alia also claimed that no comments were sought from the Directorate of Prosecution in the matter. .The petition was listed before a Single Judge Bench of Justice Navin Chawla today. However, hearing could not place on account of the Petitioner's counsel's request for a passover. .The matter would be heard next on November 9.