‘L-G bypassing AAP Govt in issuing prosecution sanction’

| | New Delhi
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‘L-G bypassing AAP Govt in issuing prosecution sanction’

Wednesday, 25 January 2023 | Staff Reporter | New Delhi

AAP leader and Delhi Deputy Chief Minister Manish Sisodia on Tuesday accused Lieutenant Governor Vinai Kumar Saxena and Delhi Chief Secretary Naresh Kumar had created a situation where people accused of committing serious crime “might get away scot-free”. Sisodia said the prosecution sanction for crimes committed against the State has to be given by the State Government.

He said it has led to a situation where those accused of committing serious offences against the State might walk away free. Sisodia has directed the chief secretary to place before him a list of all such cases by Wednesday in which approval was not taken from the minister.

“Many serious crimes fall under this category. According to the Law Department of the Delhi Government, “state Government” in this law means elected government. This means that the minister in charge is the competent authority and the minister’s approval was supposed to be taken in all these cases.

After taking the minister’s approval, the file would be sent to Honourable L-G to decide whether he differed from the decision of the minister and whether he would like to refer it to President of India,” Deputy Chief Minister said. He said it is elected government that issues a prosecution sanction. In a statement later, the government said the procedure was being followed till a few months back.  However, in the past few months, the chief secretary started bypassing the minister and sending all the files directly to the LG, it said.

"LG also gave 'approvals' in all these cases though he is not the approving authority. Therefore, in all such criminal cases in last few months, sanctions given for prosecution are invalid. When accused will raise this point in courts, they will be released," the statement said.

"Hon. LG's over-enthusiasm to bypass elected govt on every matter has created a crisis situation wherein many people accused of committing serious crimes against the state might go scot free," he said in a tweet.

The LG has issued "invalid prosecution sanctions bypassing the elected government," he said, without elaborating. Under Section 196(1) of the Code of Criminal Procedure (CrPC), a valid sanction for prosecution from the state government is a prerequisite for certain offences, Sisodia, who is Minister-in-charge, said.

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