New Delhi, Feb 16 (IANS) NGO Centre for Public Interest Litigation (CPIL) on Friday moved the Supreme Court seeking initiation of contempt proceedings against Secretary, Personnel & Training for appointing Additional Solicitor General Tushar Mehta as Special Public Prosecutor for 2G cases in defiance of apex court’s earlier directions.
Seeking the quashing of the notification appointing Mehta as Special Public Prosecutor, the CPIL has contended that his appointment has been made in “wilful and deliberate disobedience” of the top court’s April 11, 2011 and September 2, 2014 directions.
The Department of Personnel & Training (DoPT), by February 8 notification, appointed Mehta for “conducting prosecution, appeals/revisions or other proceedings arising out of the cases related to 2G Spectrum” investigated by the CBI (Central Bureau of Investigation) in the Court of Special Judge holding trial of 2G cases including subsequent appeals in higher courts”.
The top court by its April 11, 2011 had said that normally it was the Centre or the State government, as the case may be, that make the appointment of a Special Public Prosecutor. However, referring to the peculiar facts of the 2G cases, it had said that “utmost fairness and objectivity should be observed” in this appointment.
It had further said that it was “beyond dispute that for a successful prosecution, the appointment of a very competent Special Public Prosecutor is of the essence”.
By April 4, 2011 order, the apex court had appointed U.U. Lalit as the Special Public Prosecutor for the CBI and the Enforcement Directorate.
However, after his appointment as judge of the top court, on September 2, 2014, senior counsel Anand Grover was appointed as SPP.
Referring to these orders, the NGO has contended that DoPT had no authority to supersede the decisions of the top court and its action was nothing but a “gross contempt” of its orders.
“This conspicuous act very evidently depicts the mala fide intentions” of the DoPT, the plea said.