Delhi Prosecutors Welfare Association (DPWA) moved to Delhi High Court seeking quash of a notification issued on 24th June, 2020 for the appointment of 11 special public prosecutors for the cases pertaining to the Delhi riots.
The writ petition filed by an association of prosecutors also seeks a direction to be issued to the Delhi Government to appoint independent Special Public Prosecutors, respecting the principles of fairness and impartiality. The appointment of the current cohort of Special PPs have been took place on the recommendation of the Delhi Police, which violates both section 24 of Criminal Procedure Code and the law laid down by the Supreme Court.
The petitioner contented that the impugned notification is unsustainable as it has been issued by the Lieutenant Governor of Delhi without aid and advice of the Delhi Government. It is argues that these appointments violate Article 21 of the Constitution which guarantees free and fair trial to every accused person.
The plea states that “the appointment of the 11 Special PPs on the recommendation of Delhi Police is a divergence from the principles of free and fair trial which is a part of Article 21 of the Constitution”.
The plea also stated that, the proposal of Delhi police to appoint Special PPs was rejected by the Delhi Government which decided to appoint SPPs from the empanelled advocates. And a revised proposal forwarded by the police authorities was also rejected by the Delhi government, adding that subsequently, the Lt. Governor intervened in the issue and decided to proceed with the names recommended by the police.
This led to a difference between Lt. Governor and the Delhi Government. And the issue was referred to the President who approved the names suggested by the police.
The petition contented that, in view of the presidential approval, Delhi Government issued the June 24 notification appointing the 11 SPPs recommended by the police. It also claims that the prosecutors association sent a representation to the Government against the notification issued, but no action was taken till date.
The present petition has been moved through Advocates Aditya Kapoor, Kushal Kumar and Manika Goswami.
