Last Update: January 24, 2023, 4:17 pm IST
Manish Sisodia said it is the elected government which issues sanction for prosecution (file photo)
Sisodia has directed the Chief Secretary to place before him a list of all such cases in which the minister’s approval has not been taken.
AAP leader and Delhi Deputy Chief Minister Manish Sisodia on Tuesday accused Lieutenant Governor VK Saxena of issuing prosecution sanction bypassing the city government.
He said this has created a situation where those accused of serious crimes against the state can go scot-free.
Sisodia has directed the Chief Secretary to place before him a list of all such cases in which the minister’s approval has not been taken.
Sisodia said it is the elected government which issues sanction for prosecution.
Later in a statement, the government said the process was being followed till a few months back.
However, in the last few months, the chief secretary started bypassing the minister and started sending all the files directly to the LG.
LG also gave ‘approval’ in all these cases, though he is not the approving authority. Therefore, the sanction granted in the last few months for prosecution in all such criminal cases is void. When the accused take up this point in the courts, they will be released,” the statement said.
“The Hon. Lt. Governor’s over-enthusiasm to sideline the elected government in every matter has created a crisis situation in which many people accused of serious crimes against the state may go scot-free,” he said in a tweet .
The LG “has issued illegal prosecution sanctions bypassing the elected government,” he said without elaborating.
In-charge minister Sisodia said that under section 196(1) of the Code of Criminal Procedure (CrPC), valid sanction to prosecute from the state government is a prerequisite for certain offences.
This includes offenses like hate speech, hurting religious sentiments, hate crimes, sedition, waging war against the state and promoting enmity among others.
“As per SC orders, it is the elected government which has to exercise executive powers to issue valid sanction for prosecution under section 196(1) CrPC, and the Hon’ble Lieutenant Governor shall be bound by the aid and advice of the Council of Ministers.” he said in a series of tweets.
Later, the statement said that Section 196 of the IPC says that in case of offenses committed against the State, no court shall take cognizance of any such case without the approval/sanction of the “State Government”.
According to the law department of the Delhi government, in this law, the state government means the elected government.
This means that the minister in charge is the competent authority and in all these cases the approval of the minister should have been taken. After taking the minister’s approval, the file will be sent to the LG to decide whether he disagrees with the minister’s decision and whether he would like to send it to the President of India, the statement said. “The LG has no power to give approval unilaterally, independently of the aid and advice of the Council of Ministers. Their act of doing so has rendered such suits invalid due to lack of valid sanction recognized by law,” the statement said.
Alleging that the LG’s actions not only undermine the law laid down by the Supreme Court but also the sanctity of judicial process, the statement said the restrictions bypassing the elected government leave an avoidable loophole that can be exploited by criminals. Can be exploited to your advantage.
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(This story has not been edited by News18 staff and is published from a syndicated news agency feed)