SYED ALI AHMED
NEW DELHI, JUNE 2
In an unprecedented move, country’s topmost law officer and Solicitor General of India Tushar Mehta, with two of his assistant Solicitor Generals of India – Maninder Acharya and Aman Lekhi – plus four other senior lawyers have been appointed as public prosecutors in a case pertaining to the arrest of a 24-year-old MBA student Gulfishan Fatima who played a leading role in organising the anti-CAA protest in Jafrabad locality of northeast Delhi.
The appointment has been cleared by Delhi Lieutenant-Governor Anil Baijal. The appointment was communicated on May 29 by Delhi government’s standing counsel Rahul Mehra to the Delhi High Court which is hearing a habeas corpus petition filed by Gulfisha’s brother and advovcate Aquil Ahmed.
Gulfisha was arrested on April 9 on charges of allegedly instigating people to block a road near Jafrabad metro station on February 22 to protest against the CAA and the proposed NRC.
Special Courts Not Functioning
The habeas corpus petition was filed by Gulfisha’s brother over her long detention because special courts for Unlawful Activities (Prevention) Act (UAPA) were not functioning owing to Covid-19 lockdown.
Her petition pleaded that detention could be extended only by special courts and the latter were not functioning due to Covid-19, her continued detention amounted to violation of her fundamental right to life and liberty.
Gulfisha was initially arrested for charges under IPC for instigating people to block the road near the Jafrabad metro station on February 22. The charges under UAPA were added in a separate FIR which is being investigated by Delhi Police Special Cell.
Delhi Government spokesperson Nagendra Sharma told India Tomorrow that this has been done following a tussle between the Delhi government and the Centre.
The Delhi government, he said, was in favour that police should be represented in the court by public prosecutors of the lower court and Home Minister Satyendra Jain submitted a list of the prosecutors before the LG. “But LG rejected those names and made its own list of prosecutors giving a reference of Article 239 AA (4) of the Constitution and if it is not accepted by the state government, the matter will go to President of India”, said Jain.
So Much Important Not Given Even to Rafael Corruption Case: Adv Mahmood Pracha
Commenting on it, well-known lawyer Mahmood Pracha said that it was for the first time that the government has appointed Solicitor General of India, three of his assistants and four senior advocates as its representative in a riot case. Pracha is Gulfisha’s counsel.
“So much importance was not given even to the corruption issue in Rafale fighters case”, said Pracha. The corruption in Rafale deal was raised by former Congress Party president Rahul Gandhi.
“The Delhi government has surrendered before the Union Government by giving approval to the names of Solicitor General of India and two Assistant Solicitor Generals of India to represent the Delhi police in the court as special prosecutors in northeast Delhi riot case”, remarked Pracha.
Pracha said that the appointment of Tushar Mehta and others was done by LG Anil Baijal, after a cabinet clearance and suggestions of the Delhi government. “This suggests that Chief Minister Arvind Kejriwal has completely surrendered to the Central government”, alleged Pracha.
(Syed Ali Ahmed is the Chief Editor of indiatomorrow.net)
