Delhi High Court Permits Withdrawal of Delhi Government's Petition Challenging LG's Appointment of Special Public Prosecutors in Farmers' Protest and Delhi Riots Cases

On May 19, 2025, the Delhi High Court allowed the withdrawal of a petition filed by the Delhi Government, then led by the Aam Aadmi Party (AAP), challenging the Lieutenant Governor's (LG) decision to appoint Special Public Prosecutors (SPPs) for cases related to the Farmers' Protest and the Delhi Riots. The petition, originally filed in 2021, contested the LG's use of special powers under Article 239-AA(4) of the Constitution to override the Delhi Cabinet's decision to appoint its chosen panel of prosecutors.

The division bench, comprising Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela, heard the application moved by the current Delhi Government, now led by the Bharatiya Janata Party (BJP), seeking to withdraw the petition. Senior Advocate Sanjay Jain, representing the LG, did not object to the withdrawal. Consequently, the court dismissed the petition as withdrawn.

The controversy originated when the AAP-led Delhi Government rejected the Delhi Police's recommendations for appointing SPPs and instead selected its own panel. In response, the LG invoked his special powers under the proviso to Article 239-AA(4), appointing the Delhi Police's recommended advocates as SPPs to conduct the cases, pending a decision from the President.

In its original plea, the Delhi Government argued that the appointment of SPPs is a routine administrative matter and does not warrant the LG's intervention or a reference to the President. The petition also alleged that the LG's repeated interference in appointing SPPs undermined the elected government's authority and contravened the spirit of Article 239-AA. Furthermore, the Delhi Government contended that allowing the investigating agency, namely the Delhi Police, to appoint SPPs compromised the independence of the prosecution and violated the constitutional guarantee of a fair trial.

The withdrawal of the petition signifies a shift in the Delhi Government's stance following the change in political leadership. The court's acceptance of the withdrawal brings an end to the legal dispute over the appointment of SPPs in these high-profile cases.