The Delhi High Court on Wednesday has said the stay on release of Faisal Farooq would be vacated if Delhi Police Lawyer does not show the permission granted to him by the LG.
This comes while the Court was hearing the appeal filed by the State challenging the bail granted to Faisal Farooq, principal of Rajdhani School arrested by the Police of his involvement in North East Delhi Riots.
A bench headed by Justice Suresh Kumar Kait said, the counsel who filed the plea did not shown any document that he was appointed by the Lieutenant Governor (LG) to represent the probe agency in the matter.
The matter was raised up again when Delhi Government Counsel informed the Court that Central Government has no power to file this petition against the June 20 order of the Trial Court. He said that the counsels have to show the grant of authorization to file the plea as the LG can’t approve and give clearance without the aid of the council of ministers of the Delhi government.
Judge Said, this controversy also happened in the mater earlier when, on June 22, Solicitor General had offered to opt out of the hearing due to this issue. He also said that thereafter it was informed that the issue has been solved and the SG or ASG would appear in the matter.
When the Matter come up for hearing again the Judge asked Mr Rahul Mehra to explain the reason why he didn’t appear in the matter on the previous two occasions. He said, that both the court officers were present on both occasions and they had raised the objection on the filing of petition.
Advocate Amit Mahajan, appearing for Delhi Police said that Rajesh Deo, Deputy Commissioner of Police, (Legal), had authorised him to file the plea and he shown the documents to the Court.
The Court said that the DCP does not have such powers to appoint someone without the approval from the Higher Authorities. It also does not show the permission from the LG.
“Without any order or direction, you are filing this petition. If you do not have something, say it. We will pass the orders,” the judge said expressing displeasure.
The Delhi High Court directed advocate Mahajan to file the documents and also said that the interim order of stay on Farooq’s release would be vacated in case he fails to produce them.
In a criminal case, Faisal Farooq, owner of Rajdhani School in Shiv Vihar locality was among the 18 arrested, for alleged involvement in burning and damaging property adjacent DRP convent school.
The Delhi Police had on June 3 filed a charge sheet before the court against Farooq and 17 others in the incident in which the building of a private school was burnt down in North East Delhi.
The trial court, in its bail order, had noted that the charge sheet filed against him in the case was bereft of material showing his alleged links with the Popular Front of India, Pinjra Tod group and Muslim clerics.
The police, in the petition filed through advocates Amit Mahajan and Rajat Nair, have challenged the trial court’s June 20 order granting bail to Farooq on the ground that it was prima facie not established that he was present at the spot at the time of incident.
-India Legal Bureau
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