[Anti CAA Protest]: Appointment Of Special Public Prosecutors By Delhi Government Including SG Tushar Mehta And 5 Others

A notification in regard to the appointment of six special public prosecutors was issued by the Home Department of Government of National Capital Territory of Delhi (GNCTD). LK Gautam, Deputy Secretary of Home Department of Delhi Government signed the notification and also stated that the notice is issued with the approval of Lieutenant General of Delhi.

Six special public prosecutors appointed to conduct court proceedings in relation to protest against CAA and the riots which occurred in North East Delhi in the last week of February are: -

1. Tushar Mehta, Solicitor General
2. Aman Lekhi, Addl. Solicitor General
3. Chetan Sharma, Addl. Solicitor General
4. SV Raju, Addl. Solicitor General
5. Amit Mahajan, Advocate
6. Rajat Nair, Advocate

There has been a bone of contention between Delhi Government and Delhi- LG which is the appointment of special prosecutors in cases related to the Delhi riots. This situation arose as Delhi Police is reporting to the Ministry of Home Affairs. 

An order was passed by the Lieutenant-General of Delhi appointing the Solicitor General Tushar Mehta to represent Delhi Police in the case filed by Harsh Mander. Later, Rahul Mehra, Standing Council of Delhi Government objected to the appearance of SG Tushar Mehta in Delhi High Court in a case seeking an investigation into Delhi riots, he said that the appointment of prosecutors was the sole preserve of Delhi Government. 

Rahul Mehra objected on the ground that “u/s 24(8) of CrPC” the LG can appoint prosecutors only on the aid and advice of Delhi Government and has no independent power to make such appointments. 

Appointment of Solicitor General, ASG Maninder Acharya, ASG Aman Lekhi husband of MP Meenakshi Lekhi, Standing Council of Union of India Amit Mahajan, and Advocate Rajat Nair, as special prosecutors in the case of Aqil Hussain vs. State of NCT of Delhi, was approved by the Home Department of Delhi Government on 29th May.

As per the reports, the panel of special prosecutors proposed by the Delhi Police was rejected by Delhi Government earlier this week.