Recommendation for SPPs was not binding on government: Delhi Police to High Court

New delhi: Amid arguments from the Delhi government that the Special Public Prosecutors for the north-east Delhi riots cases had to be appointed and notified as it had no decision-making power in this regard, the Delhi Police told the Delhi High Court on Tuesday that its recommendations to appoint the SPPs was not binding on the Delhi government.

The submission was made by Delhi Police before Justice Prathiba M Singh during the brief hearing of a plea by the Delhi Prosecutors Welfare Association (DPWA) challenging appointment of the special public prosecutors (SPPs) in the riots cases.

Additional standing counsel Gautam Narayan, who appeared for the Delhi government, told the court that the list sent by the police was initially rejected by the Delhi government which had forwarded its own list of SPPs.

However, the Lt Governor intervened in the matter and did not agree with the Delhi government's list and in view of the difference of opinion the matter was referred to the President of India who approved the list sent by the police, he told the court.

The Delhi government only issued the notification informing about the appointment of the SPPs and it has not appointed them, he said.

Justice Singh, after the brief hearing, was of the view that the petition appeared to be in the nature of a PIL and directed the high court registry to list it before the appropriate bench on March 15.

On November 9 last year, the high court had issued notice to the Centre and Delhi government seeking their stand on the plea of DPWA, represented by advocates Kushal Kumar, Aditya and Akashdep Gupta.

DPWA, in its plea, has questioned how SPPs can be appointed at the behest of the police.

Both the petitioner and the Delhi government have argued that the police cannot appoint its own prosecution services as it would be against the natural principles of trying

a case.