The Delhi High Court on Monday permitted the BJP-led Delhi government to withdraw its plea challenging a 2021 decision by the Lieutenant Governor (LG) that allowed the Delhi Police to appoint special public prosecutors (SPPs) in cases relating to the February 2020 riots and the January 26, 2021 Republic Day violence during the farmers’ protest.
A bench comprising Chief Justice D.K. Upadhyaya and Justice Tushar Rao Gedela allowed the government’s request to withdraw the petition. “The application is allowed and the petition is dismissed as withdrawn,” the bench recorded after the LG’s counsel raised no objections.
Background of the Case
The plea was originally filed by the erstwhile Aam Aadmi Party (AAP) government in Delhi. It opposed the LG’s July 23, 2021 order enabling Delhi Police to select SPPs, arguing that such appointments — made by the very agency investigating the cases — created a serious “conflict of interest” and jeopardised the constitutional guarantee of a fair trial.
The former government contended that appointment of SPPs was a routine administrative matter and should not have been escalated for presidential consideration. It maintained that the Delhi government had already agreed to appoint independent prosecutors, rendering the LG’s referral to the President under Article 239-AA(4) unnecessary and legally unsound.
Despite the reference to the President still pending, the Union Government had issued a notification on July 26, 2021, followed by a directive dated August 4, 2021, endorsing the LG’s position and approving the contested appointments.
The plea had termed the Centre’s endorsement and the LG’s decision as violative of the principles of natural justice and detrimental to the integrity of ongoing trials. It warned that allowing SPPs selected by the police to take charge displaces regular prosecutors and undermines the prosecution’s independence in sensitive cases involving alleged police excesses or procedural lapses.
Court Proceedings and Outcome
With the change in political administration, the present government opted to withdraw the petition. The High Court’s decision to allow this move brings the legal challenge to a close, although the broader constitutional questions surrounding the LG’s powers and the role of the President under Article 239-AA(4) remain unresolved.
Constitutional Context
Article 239-AA(4) of the Constitution empowers the Lieutenant Governor to refer a matter to the President in cases of disagreement with the elected government, particularly on issues involving law and order or constitutional interpretation. In this case, the LG had invoked this provision to justify overriding the elected government’s objections.
