Delhi High Court seeks LG response in Kejriwal govt's challenge to appointment of SPPs chosen by Delhi Police in Republic Day violence cases

The Delhi High Court on Friday issued notice to Lieutenant Governor (LG) Anil Baijal on a plea by the Delhi government challenging the decision to appoint Special Public Prosecutors (SPPs) chosen by the Delhi Police to appear in the Republic Day violence and Delhi riots cases [Government of NCT of Delhi v. Lieutenant Governor, NCT of Delhi & Anr]..A Division Bench of Chief Justice DN Patel and Justice Jyoti Singh sought a response from the LG on the plea."We are issuing notice upon the respondents. CM application is allowed. Notice stands returnable on October 21," the Court ordered..SPPs are chosen by the Delhi Police. Therefore, there would be a serious conflict of interest if they were part of the investigating team. Moreover, the ones appointed by us are independent personsSenior Advocate Abhishek Manu Singhvi.Senior Advocate Dr Abhishek Manu Singhvi on behalf of the Delhi government submitted, "List 1&2 under the Concurrent List cannot be violated. For executive matters, there is a proviso which can be invoked only in exceptional situations to protect national interests. However, by and large, these lists cannot be nullified. Doing so would be violative of the Basic Structure of the Constitution. The same would go against the federal structure of the State."Placing reliance on the Court's verdict in Devangana Kalita's case and other cases, Singhvi prayed that notice be issued in this regard. The same was granted by the Court."SPP's are chosen by the Delhi Police. Therefore, there would be a serious conflict of interest if they were part of the investigating team. Moreover, the ones appointed by us are independent persons," Singhvi added.Senior Advocate Rahul Mehra also appeared for the Delhi government. The plea was filed through Additional Standing Counsel for the Delhi government, Shadan Farasat.The matter will be heard next on October 21..The present petition challenged two orders dated July 23, 2021 by which the LG had invoked the proviso to Article 239-AA (4) of the Constitution to refer to the President the decision of appointment of advocate chosen by Delhi Police as SPPs under Section 24(8) of the Criminal Procedure Code in cases related to the Republic Day violence and the Delhi riots. .LG does not have right to declare what Delhi govt will do, Sisodia says as Cabinet rejects Delhi Police list of SPPs for Red Fort violence cases.The plea also placed reliance on State of Delhi v. Union of India, in which a Constitution Bench of the Supreme Court gave effect to the representative form of government under Article 239AA to hold that executive power of the Delhi government extends to all matters in the Concurrent List and the State List to the exclusion of the Central government.