The Delhi High Court has allowed the withdrawal of a petition filed by the Aam Aadmi Party (AAP)-led Delhi Government in 2021. This petition challenged the Lieutenant Governor’s (LG’s) move to appoint prosecutors of his choice for arguing in sensitive cases related to the Farmers Protest and the Delhi Riots.
The decision was made by a division bench consisting of Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela, who heard the withdrawal application. The current Delhi Government, now led by the Bharatiya Janata Party (BJP), moved the application to withdraw the plea.
“This is an application seeking withdrawal of the writ petition…. Dismissed as withdrawn,”
— Delhi High Court stated.
During the hearing, Senior Advocate Sanjay Jain, appearing on behalf of the LG, raised no objection to the application for withdrawal. It is important to note that the notice in this matter was issued in August 2021, soon after the plea was filed.
The original dispute began when the Delhi Government rejected the Delhi Police’s recommendations and chose to appoint a separate panel of Special Public Prosecutors (SPPs) for the mentioned cases. In response, the LG used his special constitutional powers under the proviso to Article 239-AA(4) of the Indian Constitution and approved the panel suggested by the Delhi Police instead.
"Appointment of Special Public Prosecutors is a routine matter and not one requiring Presidential reference,"
— stated the original plea by the Delhi Government.
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The AAP Government had argued in its plea that the LG was interfering in administrative matters, especially in the appointment of prosecutors, which was affecting the independence of the judiciary. The plea also alleged that such interference went against the spirit of Article 239-AA, which gives powers to the elected Delhi Government in matters concerning the National Capital Territory.
Furthermore, the Delhi Government had stressed that the appointment of prosecutors by the investigating agency, in this case, the Delhi Police, would compromise the independence of SPPs and could hurt the right to a fair trial guaranteed under the Constitution.
“The appointment of SPPs by Delhi Police impinges on their independence and violates the right to fair trial,”
— Delhi Government stated in its petition.
However, with the change in political leadership in the Delhi Government, the new administration decided to drop the legal battle and filed an application to withdraw the petition.
With this order, the High Court has officially closed the matter, marking the end of this constitutional and administrative dispute over who holds the authority to appoint public prosecutors in politically sensitive cases in the National Capital.
Case Title: GNCTD v. LG
