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Counsel drama in February riots cases irks Delhi HC

The court’s observation came after it was informed through Centre’s Standing Counsel Amit Mahajan that Special Public Prosecutor (SPP) Amit Prasad has been appointed by the President of India to represent Delhi Police in the matter.

Written by Pritam Pal Singh | New Delhi | Published: July 25, 2020 2:45:47 am
Bachpan Bachao Andolan, rescued children delhi, rescued children covid-19, recording rescued children statements, delhi high court, delhi news, indian express On Friday, a fresh application was filed by SPP Prasad submitting that the President of India has appointed 11 SPPs, including him, in relation to 752 cases pertaining to riots in Northeast Delhi and he would be representing the State.

The Delhi High Court on Friday expressed irritation over the appearance of a new counsel for the Delhi Police in a petition seeking cancellation of bail given to Faisal Farooq, owner of Rajdhani Public School, in connection with a Northeast Delhi riots case.

“Why are you unnecessarily wasting time? Why don’t you sit together? Both the governments (Centre and Delhi government). This issue needs to be resolved,” said Justice Suresh Kumar Kait.

The court’s observation came after it was informed through Centre’s Standing Counsel Amit Mahajan that Special Public Prosecutor (SPP) Amit Prasad has been appointed by the President of India to represent Delhi Police in the matter.

Highlighting that it does not want the prosecution to suffer, Mahajan apprised the court that things will be sorted out in 10 days or so.

Delhi government’s Standing Counsel (Criminal) Rahul Mehra said, “I fail to understand how many people will appear in this matter.”

The Delhi Police’s appeal against the trial court’s June 20 order granting bail to Farooq was filed through Mahajan and advocate Rajat Nair. Farooq is currently in jail, as he was arrested in another case related to the riots.

When the Delhi Police’s appeal came up for hearing on June 22 before Justice Kait, Mehra opposed it saying the Centre has no power to file this petition. Since then, the law officers have been involved in a verbal spat before the HC on the question of who would represent the Delhi Police in the hearing of the petition against Farooq.

Additional Solicitor General (ASG) Aman Lekhi had contended that he has a letter from the Delhi L-G authorising him to appear in the matter, and placed the communication before the court. Mehra had opposed the ASG’s contention, saying that the July 1 letter was issued illegally as the L-G took the decision without the aid and advice of the Council of Ministers.

On Friday, a fresh application was filed by SPP Prasad submitting that the President of India has appointed 11 SPPs, including him, in relation to 752 cases pertaining to riots in Northeast Delhi and he would be representing the State.

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