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Judiciary

Plea in SUPREME COURT against Delhi High Court Interviewing Public Prosecutor Nominee

By LawStreet News Network      12 May, 2022 12:20 PM      0 Comments
SUPREME COURT against Delhi High Court Public Prosecutor Nominee

Plea in SUPREME COURT AGAINST DELHI HIGH COURT INTERVIEWING PUBLIC PROSECUTOR NOMINEE; DEMANDS FOR NOTIFYING CANDIDATES SELECTED BY DELHI GOVT’S PANEL AND APPROVED BY LG.

Practicing Lawyer Amit Sahni has approached Supreme Court against Delhi High Courts call ­­­­­­­­­­­­­­­­to interview/interact with the candidates selected by the Delhi Govt’s committee and approved by the Hon’ble LG of Delhi on 04-03-2020, for representing Criminal Matters before the Hon’ble High Court of Delhi as Standing Counsel, Additional Standing Counsel, Additional Public Prosecutors.

The petitions submit that the interviews for purpose of selection of Advocates for the aforesaid Civil and Criminal Panel were conducted by a selection committee headed by the Hon’ble Law Minister, Law Secretary and the Secretary (Home), Govt. of NCT of Delhi in last year December and Committee forwarded names of selected Advocates to the Hon’ble LG, which approved the appointments of both Civil Panel and Criminal Panel Lawyers to represent cases before the High Court of Delhi on 04-03-2022.

Later notification was issued on 04-03-2022 in exercise of powers conferred under sub section (7) of section 2 of the code of civil procedure (5 of 1908) and all other powers enabling him in this behalf, the Lt. Governor of NCT of Delhi regarding Civil Panel Counsels before Delhi High Court.  

But the list, in respect of the Standing Counsel, Additional Standing Counsel, Additional Public Prosecutor and Penal Counsel (to represent criminal matters), the names of candidates were also finally selected by the Govt. of NCT of Delhi and approved by the Hon’ble LG of Delhi on 04-03-2022 and the same were forwarded to the Hon’ble High Court of Delhi as required under section 24 (1) of the Code of Criminal Procedure, 1973 and such names have been put on hold since march this year as the same are not cleared as yet.

Amit Sahni had made a representation dated 19-04-2022 to CJI and Acting CJI, requesting that the recommendations of the Selection Committee of GNCTD and approved by LG of Delhi (on 04-03-2022) be given effect to in terms of section 24(1) of the Code of Criminal Procedure, 1973 (as amended upto date) and the process of de-novo interview of candidates be recalled in order to avoid the conflict of powers between the Judiciary and the Executive and also in the interest of justice.

Mentioning no action has been taken upon the same to the knowledge of the Petitioner till date, Mr. Sahni moved SC for seeking its interreference.



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