The only consolation to the AAP Government in Delhi High Court’s verdict was the ruling that the l-G has to act on the aid and advice of the Council of Ministers while exercising the power to appoint a special public prosecutors (SPPs) for any case.
This ruling assumes significance, as of late various criminal matters in the High Court and trial courts have witnessed heated arguments between prosecutors appointed by the Delhi Government and the lieutenant-Governor, as to who would represent the State or police.
“...We are of the view that it is not open to the lieutenant-Governor to appoint the special public prosecutor on his own without seeking aid and advice of the Council of Ministers,” a bench of Chief Justice G Rohini and Justice Jayant Nath said.
The Bench said the l-G does not act ‘eo-nominee’ (by or under that name) but exercises the executive functions of the State.