The Delhi High Court will hear Delhi police’s fresh application seeking to place additional facts in relation to its plea seeking cancellation of bail granted to Faisal Farooq on August 11. He was arrested in connection with the communal violence in north-east Delhi during anti-CAA protests.
Justice Suresh Kumar Kait noted that the application filed by newly-appointed Special Public Prosecutor (SPP) Amit Prasad, seeking modification of July 2 order, was not on record. “Accordingly, re-notify on August 17,” the judge said.
During the hearing, Centre’s counsel informed the High Court that President Ram Nath Kovind has appointed 11 SPPs, including Mr. Prasad, under Section 24 of the Code of Criminal Procedure in relation to 752 cases pertaining to the north-east Delhi riots.
While there has been a continuing tussle between the Delhi government and the Lieutenant-Governor over who will appoint law officer to represent Delhi Police in relation to the north-east Delhi riots cases, the Centre’s counsel claimed that the matter has been put to rest with the fresh appointments being made by the President.
In the fresh application, Mr. Prasad sought modification of July 2 order of the High Court in which it had called for written submission from both the Centre and the Delhi government over who will represent the Delhi police in the case.
In light of the new development, the cause for July 2 order to the extent of filing written submission on right of representation does not survive, the application said.
The application also sought to place certain additional facts in support of its plea seeking cancellation of bail granted to Mr. Farooq, including a life-threatening call made to the complainant’s son from an unknown number allegedly on behalf of Mr. Farooq.
Delhi government Standing Counsel (Criminal) Rahul Mehra had on previous hearings objected to the filing of the plea for bail cancellation of Mr. Farooq, owner of Rajdhani Public School, by the Centre’s counsel. Mr. Mehra had earlier argued that the previous judgments of the Supreme Court and the High Court had clarified that the L-G cannot appoint special prosecutors without aid and advise of the Council of Ministers.
On July 22, the High Court rejected a fresh plea by Delhi Police seeking cancellation of bail granted to Mr. Farooq, noting that another petition filed on behalf of State challenging the bail granted to him was already pending before the court.
The police have challenged the trial court’s June 20 order granting bail to Mr. Farooq on the ground that it was prima facie, not established that he was present at the spot at the time of the incident.