Farmers Movement Archive

Govt-appointed prosecutors for tractor rally violence cases: Delhi Cabinet

The Delhi Cabinet on Friday decided that a panel of government-appointed prosecutors will deal with the cases related to January 26 violence during farmers’ tractor rally against three farm laws passed last year even as lieutenant governor (L-G) Anil Baijal has endorsed a panel of lawyers the Delhi Police have suggested.An official aware of the matter said the Cabinet dismissed the idea of having the police-suggested panel of lawyers argue the cases. “It decided that a panel of public prosecutors appointed by the Delhi government would be engaged in the cases concerning farmers’ agitation,” the official said, requesting anonymity. The official added the L-G has been endorsing the police panel. “But the Delhi government wants to engage its own panel of prosecutors on the sensitive matter to ensure unbiased hearings.”The official said the Cabinet’s decision will be conveyed to the office of the L-G. The Delhi Police report to the Union home ministry through the L-G.Later in a press briefing, Delhi’s deputy chief minister Manish Sisodia confirmed the development. He said, “In today’s Cabinet meeting, we have decided that Delhi government will appoint its own panel of lawyers. The L-G had earlier dismissed the Delhi government’s recommendations on appointing such a panel. It is unfortunate that the central government is intervening in routine affairs of Delhi’s governance through the L-G . Appointing prosecution in Delhi comes under the elected government’s domain, going by Supreme Court’s directions. The L-G, however, has a veto power which can be used in rarest of the rare cases. Such routine use of the veto power is unconstitutional, anti-democratic and goes against the spirit of Supreme Court’s directions.”In a tweet, Delhi CM Arvind Kejriwal said, “To support the farmers of the country is the duty of every Indian. We have not done anyone any favour. We have just fulfilled our responsibility towards farmers of the nation. Farmers are not criminal, they are not terrorists. They provide us food.”Baijal’s move to reject the idea of having the government-appointed prosecutors argue the cases related to the January 26 violence has become the latest source of disagreement between the two sides.Also Read | Domestic flights at Delhi airport’s Terminal 2 might resume from July 22Chief minister Arvind Kejriwal’s office confirmed the development on Thursday and said the Cabinet would meet on Friday to take up the issue.“The L-G has dismissed the team of special public prosecutors appointed by the Delhi government with regard to the cases concerning the farmers’ agitation. The L-G has directed that the prosecutors suggested by the Delhi Police be approved. So, we have called a Cabinet meeting regarding this matter. The Delhi government had set up a panel of lawyers to ensure unbiased hearing in the agitation of farmers, who have been protesting against three contentious farm laws. Delhi’s home minister Satyendar Jain dismissed the list of lawyers suggested by the Delhi Police,” Kejriwal’s office said in a statement on Thursday.An official in the L-G’s office reacted to the statement saying the matter pertained to the violence, and disrespect to the national flag on January 26 and not to the farmer protest. “It has nothing to do with ‘farmers protest’ as is being deliberately made out. 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.”On January 26, protesting farmers clashed with police during the rally and stormed into the Red Fort, hoisting religious flags on its domes and injuring scores of policemen.Also Read | Rights activists caution against child labour and trafficking during pandemicThe statement from the chief minister’s office on Thursday said the L-G was “pressuring” the government to approve lawyers chosen by the police. “...Jain sent details of Delhi government’s panel to the L-G. The L-G has not approved it even though the work of Delhi government’s lawyers has earlier been appreciated by all, including the L-G.”On February 26, the police sent a proposal to the Delhi home department for the appointment of 11 law officers to represent the state in the cases. The government responded saying an existing team of prosecutors will argue them.On July 1, Baijal met Jain, but the matter remained unresolved. On July 2, Baijal wrote to Kejriwal, requesting him to convene a meeting of his council of ministers over the matter.Referring to the meeting, the official in the L-G’s office said, “Apart from earlier disagreement on file, the L-G in the said meeting on July 1, 2021, with the home minister, clearly and categorically expressed his disagreement at the minister turning down the valid request by the Delhi Police for appointment of special prosecutors. The same was reiterated and clearly conveyed in a subsequent letter from L-G to the CM, requesting him convene a meeting of the council of ministers to consider and decide the said disagreement at the earliest....”The government and the L-G also disagreed last year over the appointment of lawyers to argue the 2020 northeast Delhi riots cases. In 2018, differences of opinion also surfaced over the appointment of prosecutors in the case of alleged assault on former Delhi chief secretary Anshu Prakash. In those cases, the L-G’s decision prevailed since the matter was finally referred to the President, who approved the former’s decisions.

Hindustan Times

16-07-2021

Delhi