Riots, R-Day violence cases: LG, Centre defend before HC appointment of SPPs

New Delhi: Delhi Lieutenant Governor and the Centre have told the Delhi High Court that the LG appointed Special Public Prosecutors (SPP) for last year's Republic Day violence and 2020 riots cases in the interest of efficient, fair and just trial as the two sets of cases are of grave national concern .

In their common response to the petition by the Delhi government challenging the appointment of Delhi Police chosen lawyers as SPPs by the LG, they said that since

both the cases arose directly from laws of the Parliament i.e. the citizenship amendment and farm laws, the LG, being a delegate of the President, has the responsibility to have a more active role in those matters .

They further claimed that the cases are highly sensitive nature and relate to public order which is excluded from the purview of the Delhi government.

Merely because the incidents took place within the geographical jurisdiction of the national capital, it would not

suffice to treat those matters as falling under the direct control of the Delhi government, they argued.

Their affidavit stated that while the riots challenged the secular character of the nation, and thus warranted a direct involvement of the Union government in the interest of the nation's unity and integrity, the farmers' protests spanned the entire country and attracted a lot of international attention.

The unfortunate incidents of violence did lead to disturbance of public order and a loss of life and property (in the Northeast Delhi communal riots case) and the then continuing farmers agitation and unfortunate incident of violence has prompted a need for efficient, fair and just prosecution (of cases) to retain the faith in the country's law and order machinery, said the common affidavit filed by the Special Secretary to LG.

The 'public order' expressly involves cognizance of offences, search, seizure and arrest, followed by registration of FIRs, investigation, prosecution and trial.