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| File on Delhi Cabinet rejecting cops'' lawyer panels for farmer protests, riots sent to MHA: Source |
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New Delhi: The LG''s office has forwarded a file on the Delhi Cabinet rejecting police''s proposal to set up panels of public prosecutors for cases related to Republic Day violence and last year''s riots to the Union Home Ministry due to a difference of opinion, sources claimed on Saturday.
Last week, the AAP government had rejected the police''s proposals setting the stage for a fresh round of confrontation with the Centre and the office of Lieutenant Governor Anil Baijal.
"The matter has been reserved for the consideration of the President of India due to the difference of opinion between the LG and the elected AAP government. The file of cabinet decision received by the LG office was forwarded to Ministry of Home Affairs on Friday for further action," said a top source privy to the development.
"It has been recommended that the 11 special public prosecutors in Republic day violence-related cases and three others in northeast Delhi riots cases, proposed by the Delhi Police be immediately appointed in view of the gravity of the two matters," he said.
This is the first time the LG has reserved any matter for consideration of the President, owing to the difference of opinion with the Arvind Kejriwal dispensation, since the Government of National Capital Territory of Delhi (Amendment) Act, 2021, came into force in April this year, sources said.
Last year, in a similar fashion, the LG had used his special powers to give effect to the appointment of Delhi Police''s special prosecutors in cases related to northeast Delhi riots of 2020 that claimed over 50 lives besides resulting in injuries to hundreds of persons and extensive damage to private and public property.
The Delhi Cabinet, in its meeting chaired by Chief Minister Arvind Kejriwal on July 16, had observed that "a free-and-fair trial of these cases would not be possible by a panel of lawyers selected by the city police itself," rejecting LG''s recommendation of special public prosecutors suggested by Delhi Police.
The Delhi government had in July 2020 also rejected the proposal of the Delhi Police for the appointment of special prosecutors in the riots cases. The LG had overturned the Delhi government''s decision and directed its home department to grant approval to the Delhi Police''s proposed panel of lawyers.
Baijal had rejected the cabinet decision by exercising his special power under Article 239AA(4) of the Constitution by reserving the matter of appointment of public prosecutors, for consideration by the President of India.
The Delhi government has already protested with the LG over his use of "veto power" in matters relating to subjects of its domain.
Deputy Chief Minister Manish Sisodia in a letter to Baijal last Saturday had stated the Constitution has given "veto" power to the LG to reserve any matter on which he disagrees with the decision of the elected government, for consideration of the President.Â
"However, the Constitution bench of Supreme Court has stated that the LG will use it occasionally and under extraordinary circumstances," Sisodia had said referring to an apex court verdict in 2018 that among other things empowered the elected government in Delhi of decision making in all matters except police, land and public order.
In April this year, however, Delhi''s lieutenant governor became the effective in-charge of the national capital with the Centre notifying a new law making it clear that the elected government will now have to seek the opinion of the L-G before any executive decision.
The Union Home Ministry''s notification giving effect to the Government of National Capital Territory of Delhi (Amendment) Act, 2021 came into effect from April 27.
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