Lieutenant Governor Anil Baijal on Thursday rejected Delhi Cabinet’s decision on the selection of lawyer panel to represent north-east riot case and anti- CAA cases before the Delhi High court and issued an order to implement the lawyer panel of the Delhi Police to represent the case.

Importantly, under Article 239AA(4) of the constitution, the Delhi Government is bound to follow the orders issued by the L-G.

Pertinently, on Tuesday, the Government’s Cabinet rejected the panel suggested by the Delhi Police to represent the riot cases citing serious concern however L-G Baijal overturned Cabinet’s decision by using his special powers.

The Delhi Government held its Cabinet meeting on Tuesday to decide on the matter of appointment of a panel of lawyers in the  Supreme Court and High Court for cases related to riots in north-east Delhi and anti-CAA protests.

In this meeting, the Delhi Cabinet rejected the panel of lawyers proposed by the Delhi Police.

The Delhi Cabinet has observed that the courts have already raised serious questions on the fairness of investigations done by the Delhi Police in the riot cases.

 Cabinet has also observed that in such a situation a free and fair trial of these cases would not be possible by a panel of lawyers selected by the Delhi Police itself.

Keeping in mind the principles of the criminal justice system and the need to ensure independence between investigation and prosecution, the Delhi Cabinet has directed the Home Department to form an impartial panel of the best possible lawyers in the country for the cases related to the Delhi riots.

“It was observed during the cabinet meetingthat at  the same time there should not be any punishment or harassment of innocent people but the criminals should be punished severely,” quoted CMO’ statement.

Releasing a statement on LG’s decision to reject cabinet’s decision, the government said, “Cabinet of the Delhi Government had also observed the fundamental principle of any criminal justice system is that the investigation should be completely independent and the investigation should not interfere with the rest of the judicial process.” “Keeping this principle in mind, the Delhi Cabinet has observed that under such circumstances, it is not possible to expect a free and fair trial by lawyers appointed by Delhi Police. The Cabinet of the Delhi Government has noted that the investigating agency should not be allowed to decide the lawyers.”