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Courts not to solve your personal issues: HC on Centre, Delhi tussle on riots


Delhi High Court _file


New Delhi: After the tussle between the Centre and Arvind Kejriwal government again popped up in the courtroom over the representation of Delhi Police in matters concerning northeast Delhi riots, the Delhi High Court while taking a strong note of the same remarked "courts are not here to solve your personal issues".

"Courts aren't here to solve your personal issues…Instead of wasting the time of the public, you both should concentrate on greater issues, the country is already dealing with grave and tough times," said a single judge bench of the high court presided by Justice Suresh Kumar Kait.

The court's observation came while it was hearing a petition filed by the Delhi Police seeking cancellation of bail granted to the owner of Rajdhani School owner Faisal Farooqui in a case relating to the riots.

During the course of hearing, while the court was about to hear the matter, Delhi government counsel Rajesh Mahajan raised objections on the point that the said petition is non-maintainable as the authorisation of the Standing Counsel's office was not taken by the Centre.

'We wish to file an identical petition with the said prayers as the current petition isn't maintainable," Mahajan told the court adding that the Lieutenant Governor cannot authorise counsels to appear for Delhi Police without the aid and advice of the Council of Ministers.

Opposing his submissions, Additional Solicitor General (ASG) Aman Lekhi clarified that the petition is filed by the Delhi Police and not the Centre. He also submitted that he is appearing in the matter on the directions of the L-G.

"On every occasion, they come and create noise. This is nothing legal and is only political. Lawyers shall not indulge in such a thing. It's a serious matter and we are not able to argue because of this," Lekhi argued before the court.

Following which the court became furious and said, "This controversy can't continue. What is this drama going on? You people are creating ruckus in the court. This isn't acceptable."

He then asked the lawyers, "How can you change your stance like this, why Mr Rahul Mehra didn't appear before the court today. You can't appear as per your pleasure. This can't continue like this, I'll impose costs."

The court also asked the ASG to place on record the letter which authorised him to appear in the present case. The matter was adjourned post lunch.

When the hearing of the matter resumed post lunch, the court was informed that the Additional Solicitor General (ASG) is not comfortable in appearing in the said matter.

Central government standing counsel Amit Mahajan also sought time from the court to file the letter which had asked him to file the said petition on behalf of the Delhi Police.

Following which the court said, "If you have nothing in your hand, then what is happening?"

Intervening in the arguments, senior advocate Ramesh Gupta appearing for the petitioner submitted before the court, "It's not the Delhi Police which is suffering because of this controversy, it is my client who is bearing the loss."

After his submissions, the bench asked Mahajan to place the said letter on record in the course of the day and stated that if he fails to do so, the interim order passed by the court would "stand vacated"

Last week, the high court by an interim order asked the Delhi Police to not release Farooqi until further order. The said orders were passed while the court issued notice on the petition filed by the Delhi Police seeking cancellation of bail granted to him.

A Delhi court had on June 20 granted bail to Farooqui while observing that despite police allegations, the chargesheet did not provide any evidence of terror funding or his alleged links with Pinjra Tod group, the Popular Front of India and Muslim clerics. The court also said the prima facie evidence suggested that he was not present at the spot at the time of incident.

In its chargesheet, the Delhi Police categorically mentioned that Farooqui visited Deoband on February 23, just one day before the riots began in Shiv Vihar and its neighbouring areas.

The case relates to riots that broke that broke out outside Shiv Vihar's Rajdhani School where another school DRP Convent and an adjacent sweet shop were burnt and a man trapped inside the shop died. 18 people including Farooqui were arrested by the police in this regard.

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