Court nod to Anshu Prakash plea for special prosecutor in ‘assault’ case

“In the peculiar facts and circumstances of the case, the request of the complainant (Prakash) for permitting the prosecution to be conducted by the police can be allowed. This is permissible under section 302 CrPC,” Additional Chief Metropolitan Magistrate Samar Vishal said in his order.

The court directed the Delhi Police Commissioner to appoint an officer not below the rank of ACP for this purpose. It said advocates Siddharth Aggarwal and V Madhukar, two of the three names proposed by the police in August, will conduct the prosecution on behalf of the officer.

“In the present case, there is no doubt that the regular cadre prosecutor, who work under the State, will have to prosecute the highest functionary of the State, that is the Chief Minister. There is further no doubt that the complainant has not been able to show any actual bias on the part of the prosecutor of this court. However, the genuineness of the complainant’s apprehension of bias can also not be doubted for the aforesaid reasons,” Additional Chief Metropolitan Magistrate Samar Vishal said in his order.

“Further both sides are claiming that the regular cadre of prosecutors are administratively subordinate to other and in that event, in order to dispel any apprehension from the mind of both the sides, an independent prosecutor is all the more necessary. The State Government had the opportunity to appoint some advocate as an independent Special Public Prosecutor in this case,” ACMM Vishal said.

After Jain turned down police’s requests, Prakash had approached the court saying there were “genuine and serious apprehensions” that the government prosecutors may be influenced and unable to conduct the prosecution in a fair, impartial and independent manner.

The CS, who was allegedly assaulted at the CM’s residence during a meeting on the midnight of February 19, had also pleaded that the refusal of Jain gave rise to further apprehensions that a “deliberate attempt” was being made by the accused to retain control over the prosecution.