The appointment of special public prosecutors to appear in the CNG fitness scam case of Anti-Corruption Branch (ACB) has led to controversy.
Delhi Police has appointed advocate Sanjay Gupta as special public prosecutor in the case while the Arvind Kejriwal Government has notified advocate BS Joon as special public prosecutor to appear on behalf of the State Government
The clash of appointment of the ACB boss has further boomeranged to the level of appointment of special public prosecutor to handle highly sensitive case, according to sources.
Top sources told The Pioneer that the Arvind Kejriwal Government has suffered a major jolt in the CNG fitness scam. “The court has accepted advocate Sanjay Gupta as special public prosecutor in the case as his appointment was made by lieutenant Governor Najeeb Jung,” the sources said. In other words, the court has reportedly refused to accept the appointment of Joon as special public prosecutor in the case as his appointment was not made with the approval of the l-G.
According to sources, the Kejriwal Government has not taken prior approval from the l-G for appointment of Joon in the case.
Even, the notification was issued without approval of the l-G. Sources said officials of Home Department and law Department have made it clear on the file that the l-G’s approval is needed in the appointment of special public prosecutor of any case.
The Delhi Government has fixed fee of Rs31,000 per hearing to special public prosecutor in the CNG fitness scam while the conference/consultation fee was fixed Rs11,000 per hour. The drafting cost was fixed Rs11,000 per petition. The fee of junior counsel was fixed Rs55,00 per hearing.
Earlier, the Delhi Police has filed a chargesheet in the CNG fitness scam case accusing nine persons in the case.
The l-G and the AAP Government have been on a collision course on a number of issues including authority over the ACB. It is noted that Kejriwal Government had appointed additional commissioner of police SS Yadav as ACB chief while the l-G had created a special post in the ACB and appointed Joint Commissioner of Police Mukesh Kumar Meena as new boss in place of Yadav.
Earlier, an Additional Commissioner-level officer used to head the ACB but the l-G has elevated the rank of head of the probe agency from Additional Commissioner to Joint Commissioner.
Deputy Chief Minister Manish Sisodia slammed Jung for creating a new post of joint commissioner and questioned all the appointments. In a veiled attack on Jung, without naming him, the Deputy CM tweeted, “Was the appointment of new ACB chief done out of fear over opening of CNG fitness scam filesIJ”
In a series of tweets Sisodia stated, “What is the hurry behind constituting a post of Joint Commissioner in ACBIJ What is the conspiracy behind posting one’s favourite man and asking him to join in the night itselfIJ”
It would be pertinent to mention that when the Kejriwal Government had realised that it has no control over the ACB probe in the CNG fitness case, it has set up a Commission of Enquiry headed by Justice (retired) SN Agarwal to probe the matter.