The Delhi Government approved the appointment of Solicitor General Tushar Mehta and BJP MP Meenakshi Lekhi’s lawyer husband, Aman Lekhi (Additional Solicitor General) as Special Public Prosecutor/Special Counsel in the Delhi riots case. The Hon’ble High Court of Delhi was informed about the same vide order dated 29.05.2020.

The statement was made before a division bench of Justice Vipin Sanghi and Justice Rajnish Bhatnagar in a Habeas Corpus petition concerning the alleged illegality of custody of an accused under Unlawful Activities Prevention Act 1967 (UAPA). In the present case, the Petitioner’s sister was in custody due to charges concerning Unlawful Activities Prevention Act 1967 (UAPA).

Mr. Rahul Mehra, Standing Counsel for the Government of National Capital Territory of Delhi in the present case stated that it was only under the ambit of the Council of Ministers of the Government of National Capital Territory of Delhi that the power under Section 24(8) Criminal Procedure Code 1974 to appoint the Special Public Prosecutor/ Special Counsel could be exercised by the Hon’ble Lieutenant Governor.

Mr. Mehra further stated that he had communicated about the appointment to Mr. Satyendra Jain, Hon’ble Minister of Home, as well as to the Deputy Commissioner of Police (Legal Cell).

A letter was sent by the Home Department of Delhi Government to the Deputy Commissioner of Delhi Police, intimating that Solicitor General Tushar Mehta will head a team of lawyers representing the Delhi Police before the Delhi High Court and other forums in all matters related to the Delhi Riots.

It was also added that the above position was accepted by the Delhi Police as well, since it had applied for the appointment of Special Public Prosecutor/Special Counsel to the Ministry of Home, Delhi Government.
It was thereby informed that Mr. Tushar Mehta, learned Solicitor General; Ms. Maninder Acharya, learned ASG; Mr. Aman Lekhi, learned ASG; and Mr. Amit Mahajan, learned Senior Standing Counsel; and Mr. Rajat Nair, Advocate were appointed as Special Public Prosecutors/ Special Counsels to represent Delhi Police in the present case.

Lastly, Mr.Mehmood Pracha, Counsel for the Petitioner submitted his wish to file a rejoinder. The Hon’ble High Court in response to the same directed to file the rejoinder within a week and fixed 08.06.2020 for the next hearing.

Order:Aqil Hussian vs State