Farmers Movement Archive

L-G, govt tussle again, this time over advocates for Jan 26 cases

The appointment of special public prosecutors (SPPs) for cases pertaining to the violence in the city on Republic Day during a tractor rally taken out by farmers protesting against the new farm laws has emerged as the new sticking point between the Delhi government and Raj Bhavan, according to official documents seen by HT.On February 26, Delhi Police sent a proposal to the state government’s home department seeking appointment of 11 law officers or advocates to represent the state in all cases related to the farmers’ agitation. However, the Delhi government said it wanted its existing team of SPPs to argue the cases.On July 1, Lieutenant Governor Anil Baijal and Delhi home minister Satyendar Jain held a meeting on the matter, but the matter could not be resolved. The same day, Jain added a note to the file saying that he urged the L-G “not to insist on appointing SPPs on the behest of the Delhi Police”.“...The SPPs should not be appointed at the behest of the investigation agency in the interest of justice and fair trial as the investigation and prosecution are two different facets in the administrations of criminal justice. Prosecutors have duties not only to bring criminals to justice according to the rule of law, but also have duties to the accused so that an innocent person is not convicted,” Jain said in his July 1 note.On July 2, L-G Baijal wrote a letter to chief minister Arvind Kejriwal requesting him to convene a meeting of the council of ministers to decide upon the disagreement within a week.“I have also received his (Jain’s) note dated July 1, 2021 pointing out that the SPPs should not be appointed on the request of Delhi Police. No doubt, the public prosecutor represents the State by the virtue of his/her office, he/she is also an officer of the Court and is required to render assistance to the court in arriving at a just and equitable decision. While discharging these duties, the public prosecutor acts in a manner that is fair to the Court, to the investigating agency as well as to the accused in accordance with the guiding principles of the spirit of law based on precedence, common sense and equity. Therefore, there is no reason to suspect that the Special Public Prosecutors wouldn’t perform their duty fearlessly and impartially as officers of the court,” the L-G said in his letter to Kejriwal.Raghav Chadha, Aam Aadmi Party (AAP) national spokesperson, on Monday said the L-G’s and the police’s request was part of the Bharatiya Janata Party’s “vengeful attempts to harass and defame innocent farmers”.“No complaint against the Delhi government’s lawyers has been received. Still, the L-G wants to replace them with BJP’s lawyers to teach the farmers a lesson,” Chadha said in a press conference.“The country has been witnessing ‘BJP vs Kisan’ for the last eight months and the BJP’s anti-farmer face is showing day by day,” he added.Officials in the L-G’s office who spoke on condition of anonymity said keeping in view the “enormity and sensitivity” of the matter, Baijal called the relevant file from the state home department on March 24 and tried to discuss the issue with the government on several occasions.“It was then (March 24) that the L-G found out that the state home minister rejected the Delhi Police’s proposal. On April 7, the L-G urged Jain to reconsider his decision and hold a discussion with him through video conference. However, Jain cancelled the meeting. The L-G again requested a meeting around June 1-2, but the minister urged him to convene the meeting once the fourth wave ebbs. Accordingly, the meeting was finally held on July 1,” the official said.Scores of farmers protesting against the Centre’s three farm laws are from Punjab, which is going to polls in 2022. The Aam Aadmi Party is the principal Opposition party in the Punjab assembly.The Delhi government and the L-G’s office had a similar disagreement last year over the appointment of state lawyers to argue the north-east Delhi riots cases. In 2018, difference of opinion surfaced over appointment of SPPs in the case of alleged assault on former Delhi chief secretary Anshu Prakash.In these cases, the L-G’s decision prevailed since the matter was finally referred to the President, who approved the L-G’s decision.

Hindustan Times

06-07-2021

Delhi