Delhi LG dissolves existing Standing Committee constituted by AAP Govt on criminal cases
Nov 27, 2023
New Delhi [India], November 27 : Delhi Lieutenant Governor, VK Saxena, on Monday dissolved the existing Standing Committee constituted by the Aam Aadmi Party (AAP) Government for ensuring the quality of investigation in criminal cases and their prosecution.
Saxea noted that it was in gross violation of the 2014 Supreme Court directions and subsequent guidelines of the Centre.
"While scrapping the existing Standing Committee headed by Standing Counsel (Criminal) Delhi High Court and Additional Standing Counsel as Member, Saxena approved the proposal for its reconstitution with Additional Chief Secretary/Principal Secretary (Home) as Chairman and Principal Secretary (Law), Director (Prosecution) and Special Commissioner of Police as members," as per a Delhi Lieutenant Governor office press note.
The LG noted that there was no reason or justification for the continuation of the existing Standing Committee and even his predecessor had time and again objected to it vide his note dated May 11, 2017 and directed to review the constitution of the above committee to bring it in conformity with the order of the Apex Court and reminder (s) was also issued by the LG Secretariat on February 19, 2018, June 22, 2018, October 18, 2018 and May 31, 2019. However, no proposal for reconstitution of the said committee was submitted.
"Saxena observed that the lackadaisical approach of the ruling dispensation in this case seems to be an attempt to control the service matters of police and prosecution officers, which is not in their executive domain and it is a settled principle of law that the thing that cannot be done directly shall not be done indirectly in a clandestine manner," as per the note.
It was noted by the LG that the existing Committee is headed by Standing Counsel (Criminal) with Additional Standing Counsel as a Member, who are part of prosecution and entrusted with the presentation of cases before the Court and "therefore, their role in such cases also comes under the purview of the Committee and inclusion of these officers in the Standing Committee should be viewed as an attempt to dilute the directions and guidelines issued by the Supreme Court/Ministry of Home Affairs, Government of India."
"In compliance with the Supreme Court directions of January 7, 2014, with a view to reduce the number of acquittals in the criminal cases, the Ministry of Home Affairs, Government of India, on March 24 2014 had issued an advisory on the monitoring of investigations to ensure investigating officers as well as prosecuting officers discharge their duties," the note stated.
One of the main advice from the Ministry was that the Home Department shall constitute a Standing Committee of Senior Officers of the Police and Prosecution Directorate to analyse the case and ascertain the mistakes committed during investigation and/or prosecution, or both.
"The findings of the Committee shall be forwarded to the Commissioner of Police and Director of Prosecution for taking departmental action as per the rules against all investigation/prosecuting officials identified as responsible for failure of prosecution on account of sheer negligence or because of culpable lapses," it stated.
In pursuance of the above advisory, initially a Standing Committee was constituted by the Home Department, with the Director of Prosecution as Chairman.
However, in complete disregard for the Apex Court's directions and the Centre's advisory, vide order dated October 15, 2015, the above Standing Committee was reconstituted with the approval of the Minister (Home) with Senior Standing Counsel (Criminal) as Chairman.
The proposal for reconstituting the committee was also not placed before the then LG for his opinion, as "services" and "police" were outside the purview of the AAP government at that point in time.
"With the new scheme of things after the enactment of the Government of National Capital Territory of Delhi (GNCTD) Amendment Act 2023, the Additional Chief Secretary (Home) proposed that the above Committee be reconstituted with Additional Chief Secretary (Home) as Chairman, Principal Secretary (Law), Director (Directorate of Prosecution) and Special CP as members as the existing Committee is not in conformity with the directions of the Supreme Court, as well as, advisory issued by the Ministry of Home Affairs, Government of India," the note stated.
