Government cannot claim to having exclusive right in appointment of prosecutor in criminal case, the Supreme Court has said while appointing senior advocate Uday Lalit as special public prosecutor for the trial in the 2G scam despite Centre''s objection.
A bench of Justices GS Singhvi and AK Ganguly brushed aside the Centre''s stand that only government has the right to appoint Special Public Prosecutor (SPP) in the 2G spectrum allocation scam in which former Telecom Minister A Raja, top corporate honchos, bureaucrats and telecom firms are allegedly involved.
"We are of the view that the expression prerogative cannot be used in the context of a statutory provision. Under our Constitution and statutory framework, there is nothing known as prerogative," the bench said.
While objecting to the court''s decision to appoint SPP in the case, Additional Solicitor General Harin Raval, appearing for the Enforcement Directorate, had said it is the "prerogative" of the government to take decision on appointment of lawyers in the case.
Observing that there is a public element in such appointment, the court said "Uday Lalit satisfies the said requirement quite adequately. Therefore, we are unable to accept the contention of the Union of India and we hold that in the interest of a fair prosecution of the case, the appointment of Uday Lalit is eminently suitable."
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