As soon as the hearing on Kanhaiya's bail plea commenced before a bench of Justice Pratibha Rani, Delhi government's senior standing counsel Rahul Mehra opposed the appearance of Additional Solicitors General (ASGs) Tushar Mehta and Sanjay Jain and special public prosecutor of Delhi Police, Anil Soni.
Mehra told the bench that he has been appointed as senior standing counsel by the full court reference of the High Court and if there was no notification empowering the ASGs to appear in the matter, they cannot represent the state.
ASG Jain responded, "Once the ASGs are appearing in this matter, you have no business to interfere in it."
Mehra, however, shot back saying, "they have crossed the 'Laxman Rekha' and I will not allow this unless the court passes an order. I am appointed by the full court reference of this court."
"As a senior standing counsel, I am not allowed to argue in the matter and they are here on LG's unofficial order," he contended.
The ASG said he and advocate Shailendra Babbar were appointed as special public prosecutors in the case by the Lieutenant Governor.
During the hearing, when the bench directed police to file a status report of its investigation in the case by tomorrow, the ASG said it would be filed in a sealed cover.
He argued that since the investigation in the case was at an initial stage, they cannot disclose contents of the status report to the accused.
The bench, however, said, "No sealed cover is required. It is just a bail application and petitioners have a right to know."
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