The controversy over the “Lt-Governor-appointed Delhi Police counsel” was once again raked up by the counsel for former law minister Jitender Singh Tomar on Saturday.
Advocate Rajeev Khosla, Tomar’s counsel, moved a plea before Metropolitan Magistrate Pooja Aggarwal to “restrain” the police counsel from entering Hauz Khas police station.
Khosla said Delhi Police counsel Tarunveer Singh Kehar has not been appointed as special public prosecutor (SPP) by a “gazette notification” and that Singh has been “assisting police on the case”. Hence, he should be “restrained from entering the premises”, Khosla said.
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“There is a prosecution agency that assists the investigating agency in the courts. However, if Kehar has been appointed as SPP, there has to be a gazette notification of the same…There is separation of power between the prosecution and the investigation agency. This man has been sitting for hours in the police station, assisting police in the probe. We have CCTV footage to prove the same. We request the court to restrain him from entering the station,” Khosla argued.
Kehar, however, submitted a letter of appointment from the L-G stating that he is appointed under “Article 239 AA of the Constitution, which confers special powers to the L-G in law and order matters”.
He further said the government has “not issued a gazette notification” over his appointment.
After hearing the submissions, the court dismissed Khosla’s plea. “In the absence of express mention of requirement of gazette notification, I do not deem it appropriate to get into the controversy… there has not been any interference in the investigation so far. The plea is dismissed,” the court said.