The crucial hearing in a 1984 anti-Sikh riots case, in which a convict was recently awarded death sentence, witnessed heated exchange between two lawyers in the Delhi High Court Wednesday over representing the state.
While Additional Solicitor General Aman Lekhi said he has been authorised by the Home Ministry, which had constituted the SIT to probe the riot cases, to represent the prosecution, Delhi government's standing counsel Rahul Mehra contended only he has the right to appear for the state in the case before the high court.
A bench of Justices Siddharth Mridul and Sangita Dhingra Sehgal said the job of the Special Investigation Team was to investigate the incident and file the charge sheet and as the trial has concluded, what role is there for SIT now.
The court said the state is the prosecutor and SIT cannot take the place of the state.
When the two lawyers were arguing in a high-pitched tone, Justice Mridul told them to stop and not to address each other in the court.
"Stop it. Please don't address each other before us. Don't do this in the court," the bench said.
The court was hearing a reference to confirm the death sentence awarded to convict Yashpal Singh in the 1984 riots case and also his plea challenging his conviction and punishment.
As per the Code of Criminal Procedure (CrPC), the death penalty cannot be executed unless confirmed by the high court.
When Lekhi said SIT was investigating the case and the Delhi government has no authority in this, Mehra shot back: "This my turf. There should be a notification authorising Lekhi to appear in the matter. Where is the notification?"
The court, however, said: "State is the prosecutor. Mehra represents the state and there is nothing today which can prevent him. You (Lekhi) cannot represent the state, only Mehra can do it unless you show an order in this regard. Let Mehra represent the state and you represent your client (SIT). SIT by no stretch can be called state. State is state."
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