A single Judge Bench of Justice Suresh Kait of Delhi HC directed Central Government in case of delhi riots counsel to place before it documents to show that authorization was received from the Lieutenant Governor, Delhi to enable him to file a petition in a Delhi riots case on behalf of Delhi Police after the Delhi Government stated that the petition should be filed through it.
Central Government Standing Counsel Amit Mahajan informed the Court that like Solicitior General Tushar Mehta, now ASG Lekhi was “getting embarrassed” due to the controversy. The case pertains to the challenge to the bail granted to a Delhi riots accused, Faisal Farooq.
Additional Standing Counsel for Delhi Government Rajesh Mahajan, at the outset, pointed out that the present petition had been filed “in the name of the State” but through Central Government. To remedy the issue, he offered that the Delhi Government be allowed to re-file the petition.
This resulted in a strong reaction from Justice Kait who berated the Delhi Government for not appearing before the Court on the last date of hearing and then choosing to revive the controversy.
ASG Aman Lekhi also remarked that “noise” was being made by Delhi Government on every occasion and reiterated that he had the approval to file the petition and appear in the present delhi riots case.
Standing Counsel for Central Government, Amit Mahajan, who is also the filing counsel, and Advocate Rajat Nair clarified that the authorization was for Mander as well as all other cases arising out of the law and order situation in North-East Delhi. The Court, however, remarked that per se the DCP concerned did not have the power to issue such an authorization.
Mahajan explained that once the information/letter was received from an Officer as senior as a DCP, he could not doubt it. We are not privy to their internal notings and files, he added as Court asked if the DCP was authorized by the competent authority to appoint counsel.
The Delhi High Court remarked,
You should have each and every letter.. it (objection) was raised on the first day. You should have everything.
The Court ultimately adjourned the matter of delhi riots till tomorrow to allow Majahan to place on record all documents from the Lt-Governor which authorized him to file the petition in the instant case.
The matter would be heard next on July 2.