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 Cabinet of the Delhi government on Friday decided that government panel lawyers will appear in cases related to the violence that occurred at Red Fort on January 26 during the farmers’ tractor rally..Such lawyers will act as Special Public Prosecutors (SPPs) for the government in court..An official statement from the Chief Minister’s office (CMO) stated that the Delhi Police’s proposed panel of SPPs in such cases had been rejected..The Cabinet observed that the demand of the Delhi Police to appoint lawyers of their choice in the case was “baseless and unwarranted” and could not be allowed. The Cabinet further expressed satisfaction with the performance of the government’s present public prosecutors, noting that there were no complaints made about their functioning.It also stated that the Constitution Bench of the Supreme Court had mentioned that the proviso to Article 239AA(4) can be invoked by the Lieutenant Governor (LG) only in extremely rare cases, and that it gives LG the power to take immediate action as he deems necessary in “extremely rare cases.”.In a virtual press conference held on Friday, Deputy Chief Minister Manish Sisodia said that the Central government tried to reject the panel of lawyers decided by the Delhi government through the LG earlier.“The LG has a veto power as per the Constitution to give opinions and advice, but the LG does not have the right to declare what the Delhi government will do. The Supreme Court Bench has explained at length that this ‘veto power’ given to LG is only for the rarest of the rare cases, which means that LG can only intervene in a situation of emergency, not in the daily functions of the Delhi government,” said Sisodia.According to the Deputy CM, the routine use of veto was against democracy, the Constitution, and the Supreme Court’s directions..Chief Minister Arvind Kejriwal on Friday tweeted, “It is the duty of every Indian to support the farmers of the country. We have not done any favour, have fulfilled our duty towards the farmers of the country. Farmers not criminals, not terrorists. They provide us food.”.A source from the LG's office privy to the development said on Thursday that the matter pertained to the request made by Delhi Police for appointment of SPPs for the January 26 cases related to violence, disrespect of the national flag and "blatant disregard" of the rule of law on Republic Day 2021."It has nothing to do with 'farmers protest' as is being deliberately made out with ulterior motives. Individuals with predetermined agenda and vested interests deliberately carried out acts on January 26, 2021 in full media presence that were not only an affront to national morale but aimed at bringing shame to India internationally," he said..The LG in a meeting held with Delhi Home Minister Satyendar Jain on July 1, 2021, expressed his disagreement at the latter turning down the request of the Delhi Police for appointment of SPPs."The same was also reiterated and clearly conveyed in a subsequent letter from the LG to the CM requesting him to convene a meeting of the council of ministers to consider and decide upon the said disagreement at the earliest," the source added..A similar standoff between the LG and the Delhi government was seen during the appointment of Special Public Prosecutors in the Delhi Riots case..On April 27, the Central government notified the Government of National Capital Territory of Delhi (Amendment) Bill, 2021, which redefines "Government" as the "Lieutenant Governor" for Delhi in certain respects and could effectively limit the powers of the Legislative Assembly in relation to administrative functions.The Bill makes amendments to the Government of National Capital Territory of Delhi Act, 1991 (Act).The Centre has stated that this amendment was brought to give effect to the "interpretation made by Hon'ble Supreme Court in Government of NCT of Delhi v. Union of India."The statement of objects of the Bill says that it seeks to ensure that the Lieutenant Governor is necessarily granted an opportunity to exercise the power entrusted to him under proviso to clause (4) of Article 239AA of the Constitution, in a select category of cases. It may be noted that Article 239AA deals with special provisions that are applicable to the National Capital Territory of Delhi and which would govern its functioning..[BREAKING] Govt of National Capital Territory of Delhi (Amendment) Act 2021 comes into force; 'Govt of Delhi' will mean 'Lieutenant Governor'.Follow Bar and Bench channel on WhatsAppDownload the Bar and Bench Mobile app for instant access to the latest legal news.