A petition seeking setting aside of the appointment of Special Public Prosecutors for cases of Northeast Delhi riots will be heard by the Delhi High Court on November 9.
The case was listed before the single bench of Justice Navin Chawla on Wednesday but the hearing could not take place. The petition, filed by the Delhi Prosecutors Welfare Association, states that the appointments made on the recommendations of Delhi Police are violative of the law. The petitioner is a registered union of public prosecutors functioning in Delhi’s district courts.
The appointments were made on June 24 after approval from the President following a tussle between Lt Governor and Delhi government over the issue. The government earlier rejected the proposed names submitted by police for prosecution of the cases. “The appointment of the Special Prosecutors on the recommendation of Delhi Police is divergence from the principles of free and fair trial which is part of Article 21 of the Constitution of India,” the petition states.
Seeking appointment of independent SPPs, the petition states that special public prosecutors were appointed without consultations with the Directorate of Prosecution, and the influence of police over the public prosecutor casts doubt over the actions of the public prosecutor.
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