The Supreme Court has ordered appointment of noted criminal lawyer Uday U Lalit as Special Public Prosecutor in the 2G spectrum scam case “in the interest of a fair trial in the case.” The Centre had opposed Lalit’s appointment on technical grounds.
“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, appointment of UU Lalit is eminently suitable. We, therefore, order that UU Lalit shall be appointed Special Public Prosecutor by the government to conduct the prosecution in this case, on behalf of CBI and ED,” said a bench comprising Justice GS Singhvi and Justice AK Ganguly in its order on Monday.
The apex court said that it passed the order “in exercise of its power under Article 136 read with Article 142 of the Constitution and in the interest of holding a fair prosecution of the case.”
The Centre late on Monday evening indicated that it may challenge the order. The political leadership was holding consultation with law officers on the issue. At the court, on behalf of ED, Additional Solicitor-General Harin Raval said that the appointment of Special Public Prosecutor was the prerogative of the government. Rejecting this, the bench said: “We are of the view that the expression ‘prerogative’ cannot be used in the context of a statutory provision. Under our constitutional and statutory framework, there is nothing known as prerogative.” Economic Times