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This is an archive article published on May 10, 2016

Prosecutor salaries: Delhi High Court notice to Centre over ‘false affidavit’

The MHA had claimed that no proposal for revising salaries had been sent by the Delhi government.

Delhi High Court, Rajiv Mehrishi, false affidavit, pay scale of public prosecutors, Delhi government, India news The Centre’s affidavit had been filed in response to a contempt plea by the Delhi Prosecutors’ Welfare Association, regarding delay in revision of salaries paid to public prosecutors and additional public prosecutors in the capital.

The Delhi High Court Monday issued a showcause notice to the Centre as to why contempt proceedings should not be initiated against home secretary Rajiv Mehrishi, and senior officers of the home ministry, “for filing a false affidavit”.

The bench of Justice J R Midha issued the notice after it was informed that the affidavit filed by the Centre — stating that it had not received any proposal for sanction of revision of pay scales of public prosecutors from the Delhi government — was incorrect.

The Centre’s affidavit had been filed in response to a contempt plea by the Delhi Prosecutors’ Welfare Association, regarding delay in revision of salaries paid to public prosecutors and additional public prosecutors in the capital. The association had claimed that despite court orders issued in September 2015 to upgrade salaries, nothing had been done.

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The MHA had claimed that no proposal for revising salaries had been sent by the Delhi government. The affidavit, which has been signed by undersecretary A K Sharma, also stated that the MHA had informed the Lieutenant Governor in January that it had not received the proposal. However, Delhi government’s standing counsel Rahul Mehra informed the court that a Cabinet decision by the AAP government, taken in August 2015, proposed to hike the salaries of all prosecutors and standing counsels.

Mehra also told the bench that the Lt Governor had stayed the Cabinet decision. He had sent it to the President for approval on grounds that matters related to service do not lie within the domain of the Delhi government. Last year, the high court had directed the government to hike salaries of prosecutors and clear outstanding payments.

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