A special court was Monday informed that the Delhi High Court’s order on appointment of special public prosecutor (SPP) in the Rs 100 crore transport scam case, has been challenged before the Supreme Court. Special Judge Poonam Chaudhry put up the matter for January 24 after the court was told by the SPP, appointed by the Lieutenant Governor, that the case is listed before the apex court on January 18.
“Advocate Sanjay Kumar Gupta, SPP appointed by the LG, submits that August 4, 2016 order of the Delhi High Court was challenged before the Supreme Court and has been listed for January 18. At request, the matter is adjourned for January 24,” the judge said.
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The special court is scheduled to hear fresh arguments on the appointment of SPP in the Rs 100 crore transport scam case in Delhi. The High Court’s August 4, 2016 order on the powers of Delhi government and the Lieutenant Governor had set aside the special court’s earlier order turning down Delhi government’s notification appointing an SPP in the case.
While advocate Sanjay Kumar Gupta was appointed SPP by former LG Najeeb Jung in 2015, advocate B S Joon was notified for the post by the AAP government. However, the special court had in September 2015 observed that the LG-appointed SPP would conduct proceedings in the matter, which was challenged by the Delhi government before the high court.
The AAP government had on August 31 last year moved the Supreme Court challenging the High Court ruling that the national capital was a union territory (UT) and the Lieutenant Governor (LG) its administrative head. The high court had held that the LG has to act on the aid and advice of the Council of Ministers while exercising the power to appoint an SPP for any case.
It had set aside the trial court’s September 7, 2015 order and directed the special judge to pass an appropriate order afresh. The ruling assumes significance as various criminal matters, including the transport scam, in the high court and trial courts have witnessed heated arguments between the prosecutors appointed by the Delhi government and the LG, as to who would represent the state or the police.
The Anti Corruption Branch of Delhi Government had on September 3, 2015, filed its charge sheet in the court naming nine persons, including two IAS officers, as accused in the transport scam case. The court is yet to take cognisance of the charge sheet.
The charge sheet was filed for offences punishable under the Prevention of Corruption Act and the IPC, including sections 409 (criminal breach of trust by public servant), 420 (cheating), 120B (criminal conspiracy) of the IPC.