Republic Day Violence Cases: Delhi LG Rejects Cabinet's Decision On Panel Of Public Prosecutors, Refers Issue To President Kovind

Delhi's Lieutenant Governor Anil Baijal has vetoed Delhi Cabinet's decision on the appointment of special public prosecutors for handling the cases related to the agitation against the farm laws (Republic-Day violence cases) and has sent the file to the President of India citing the difference of opinion on the issue. However, considering it an urgent matter, LG has appointed 11 lawyers named by the Delhi Police as public prosecutors in the cases (as an interim measure).#JustInDelhi's Lieutenant Governor Anil Baijal (@LtGovDelhi) rejects a panel of lawyers picked by the Delhi government to handle cases against the farmers protesting against the Centre's three farm laws.@ArvindKejriwal @msisodia @SatyendarJain @CMODelhi pic.twitter.com/XYf6mUoh5S— Live Law (@LiveLawIndia) July 25, 2021Delhi Deputy CM Manish Sisodia confirmed that the Lieutenant-Governor has rejected the panel of lawyers decided by the Delhi Cabinet to appear for cases filed against farmers who were protesting. Last week, Arvind Kejriwal-led Delhi Cabinet had rejected the list of lawyers proposed by the Delhi Police, and in turn, it had decided that its own prosecutors would be handling the cases related to the farmer agitation. In relation to the Republic Day Violence cases, the Delhi Police have registered FIRs. On February 26, they had requested the Delhi government's home department for appointing 11 lawyers as special public prosecutors to deal with trials, appeals, bail pleas and all other miscellaneous matters in connection with the FIRs. However, this proposal was rejected after LG wrote to Delhi Government to take a decision on the names and convey the decision of the Cabinet on this matter to him at the earliest. As per the Government's Statement, the Delhi Cabinet had observed that letting police's lawyers appear in the case of farmers who have been protesting the three farm laws would seriously hamper legal parity and would not be fair to the accused peasants who bear a right to go through an unbiased trial. Thereafter, a letter in this regard was written to the LG apprising him of the Delhi Cabinet's decision to reject the list of persecutors provided by the Delhi Police. Consequently, now, LG has invoked Article 239AA (4), which allows Delhi's LG to refer to the President of India, such matters on which he/she fails to arrive at a consensus with the elected government. It may be noted that LG has already "rejected" the panel of Delhi government lawyers appearing in the cases against the farmers protesting against the Centre's three new farm laws at the city's borders. Last year also, the Delhi government had rejected the proposal of the Delhi Police for the appointment of special prosecutors in the riots cases, however, that decision too was overturned by the LG and he had directed the home department to grant approval to the Delhi Police's proposed panel of lawyers.

Republic Day Violence Cases: Delhi LG Rejects Cabinet's Decision On Panel Of Public Prosecutors, Refers Issue To President Kovind

Sparsh Upadhyay

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