NEW DELHI: A special court today decided to hear afresh the arguments on appointing of special public prosecutor (SPP) in the Rs. 100 crore transport scam case in Delhi in view of Delhi High Court’s recent verdict on powers of Delhi government and Lieutenant Governor.
Special Judge Poonam Chaudhry said the court has not yet received the high court verdict by which her earlier order turning down Delhi government’s notification appointing a SPP in the case, was set aside.
“Order of the Delhi High Court has not been received. The operative portion of the order has been submitted by SPP B S Joon (appointed by Delhi government). List the matter on September 20 for arguments,” the court said.
While advocate Sanjay Kumar Gupta was appointed SPP by LG Najeeb Jung last year, advocate B S Joon was notified for the post by the AAP government in the case.
However, the special court had in September last year observed that the LG-appointed SPP would conduct proceedings in the matter which was challenged by the Delhi government before the high court.
The high court, on August 4, had held that the LG has to act on the aid and advice of the Council of Ministers while exercising the power to appoint an SPP for any case.
It had set aside trial court’s September 7, 2015 order and directed the special judge to pass an appropriate order afresh in accordance with law.
This ruling assumes significance, as of late various criminal matters, including the transport scam, in the high court and trial courts have witnessed heated arguments between prosecutors appointed by the Delhi government and Lieutenant Governor, as to who would represent the state or the police.
The Anti Corruption Branch of Delhi Government had on September 3 last year filed its charge sheet in the court naming nine persons, including two IAS officers, as accused in the case.The court is yet to take cognisance of the charge sheet.
The charge sheet was filed for offences punishable under the Prevention of Corruption Act and the IPC, including sections 409 (criminal breach of trust by public servant), 420 (cheating), 120B (criminal conspiracy) of the IPC.