Independent prosecutor is as necessary as an independent judge, Rahul Mehra tells Delhi High Court

Team SoOLEGAL 15 Dec 2020 3:25pm

Independent prosecutor is as necessary as an independent judge, Rahul Mehra tells Delhi High Court

Delhi Chief Minister Arvind Kejriwal had filed a plea challenging the order of the Trial Court in which the Trial Court had held that the Delhi Chief Secretary Anshu Prakash must be appointed as Special Public Prosecutor in his case. The Trial Court directed that the investigation in the case be carried out by an officer of the Delhi Police, not below the level of Additional CP. The trial has been on hold for more than one and a half years now.

Justice Vibhu Bakhru was hearing the plea and was listening to the Senior Standing Counsel Rahul Mehra at a stretch and according to the Senior Standing Counsel, a Public Prosecutor is considered to be the statutory officer of high regard. Presumption in cases has been clearly stated under Section 114 of Evidence Act 1872. According to him, government is not responsible to fill up the post of Public Prosecutor. It is the responsibility of the Directorate of Prosecution in Delhi to appoint, transfer etc. of a Public Prosecutor. The Government had little to do with the nomination. The order of the Judicial Magistrate is a total violation of the constitution.

Senior Standing Counsel had also argued that, there are approximately ten other cases on trial but a request to change the Public Prosecutor had not been made.

Senior Advocate N. Hariharan who had appeared on behalf of the Delhi Chief Minister stated that, the Public Prosecutor is not running away from the scheme of things. This needs to be seen in peace. In the situation, the Public Prosecutor in charge of the case can appear without the authority. Section 302 of the CRPC describes the judge. Its function cannot be discounted. The Court will further hear the matter on 17th December, 2020.

Tagged: Delhi High Court   judges   Independent prosecutor   Delhi Chief Minister   Arvind Kejriwal   Trial Court   Delhi Chief Secretary   Anshu Prakash   Delhi Police   Justice Vibhu Bakhru   Counsel Rahul Mehra  
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