High Court Allows Withdrawal Of Delhi Govt's Plea Against LG Appointing Prosecutors Of Choice For Arguing Farmers Protest, Delhi Riots Cases

The Delhi High Court on Monday allowed the withdrawal of a petition filed by then AAP-led Delhi Government against an order of the Lieutenant Governor, overturning the Cabinet's decision to appoint a panel of prosecutors of its choice to argue cases related to Farmers Protest and Delhi Riots.

A division bench comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela heard the application moved by the Delhi Government, which is now led by the BJP, seeking withdrawal of the petition which was filed in 2021.

“This is an application seeking withdrawal of the writ petition…. Dismissed as withdrawn,” the Court said.

Senior Advocate Sanjay Jain appearing for the LG did not object to the said application.

Notice in the application was issued in August 2021.

The Delhi Govt had rejected the Delhi Police's recommendations and had appointed a panel of its own choice. Later, the LG invoked his special powers under proviso to Article 239-AA(4) of the Constitution and appointed Delhi Police's chosen advocates as SPPs to conduct the said cases, pending a decision from the President.

In its plea, the Delhi Government had argued that 'appointment of SPPs' is a routine matter and not an exceptional matter for which reference to the President can be made.

It was also alleged that the LG has been routinely interfering in the appointment of SPPs and undermining the elected government, which also goes against the grain of Article 239-AA.

The plea stated that appointment of SPPs by the investigating agency, i.e., Delhi Police impinges on the independence of SPPs and violates the constitutional guarantee of a fair trial.

Case Title: GNCTD v. LG 

Citation: 2025 LiveLaw (Del) 577