A court here on Saturday denounced the public prosecutors’ conduct for “seeking multiple passovers” in the 2020 Delhi communal riots cases on the grounds of being preoccupied with other cases, saying this tendency resulted in the derailment of the cases.
The court also observed that seeking passovers had become “a trend almost on a regular basis”, so much so, that even some witnesses in the rioting cases were discharged without being examined in the absence of the public prosecutors.
The additional sessions judge was hearing a case registered by the crime branch against student activist Sharjeel Imam under provisions of the Indian Penal Code (IPC) and the Unlawful Activities (Prevention) Act (UAPA).
During the proceedings, an advocate informed the court that she was junior to the special public prosecutor (SPP) and had appeared for him as he was in “personal difficulty” to appear today.
She also sought a passover (matter being heard later), saying that the link SPP (who appears in the SPP’s absence) will be present in the court.
“It has been observed by the court that in riots matter, on a regular basis, proxy counsels for the SPP are seeking multiple passovers during the day, as they are already engaged in other courts,” the judge said.
He said that it had been a “trend almost on a regular basis” over the last few days.
“Even witnesses in riots matters have been discharged unexamined due to the absence of the SPP. This tendency to seek a passover or date while always stating preoccupation in other cases in other courts on a regular basis leads to the derailment of cases in this court,” the judge said.
The court also issued notice to the deputy commissioner of police (crime) for his personal appearance on the next date.
“Notice shall be served through special commissioner of police (crime), who shall also file a report in this regard,” the court said.
The matter has been listed for further proceedings on December 9.
