IN THE HIGH COURT OF DELHI AT NEW DELHI
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W.P.(CRL) 1549/2009
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COURT ON ITS OWN MOTION ..... Petitioner
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Through: Mr. Rajeev K. Virmani, Senior Advocate and amicus curiae.
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versus
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STATE ..... Respondent
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Through: Mr. Sunil Sharma, Additional Public Prosecutor for the State
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Mr.Saleem Ahmed, Additional Standing Counsel (Crl.)
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Mr.P.K. Sharma, Standing Counsel for CBI (DHC) with Mr.Rajesh
Sharma, Ms. Somi Mehra and Ms.Renu Malick, Advocates
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Ms. Zubeda Begum, Standing Counsel for GNCT of Delhi with
Directorate of Prosecutor, V.S. Aggarwal and Mr. Alok Garg, Deputy
Secretary (Home) in person.
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Mr. Naresh Kaushik, Advocate for UPSC
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Mr.L.K. Singh, counsel for the Public Prosecutor Association.
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Ms.Meera Bhatia, Advocate for UOI.
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CORAM:
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HON'BLE MR. JUSTICE KAILASH GAMBHIR
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HON'BLE MS. JUSTICE SUNITA GUPTA
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O R D E R
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07.05.2014
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In compliance of several directions given by this court on 14th
March 2014, fresh affidavit has been filed by the Principal Secretary
(Home) GNCT of Delhi. After filing of the said affidavit by the Principle
Secretary (Home), the additional affidavit has also been filed by Mr.
G.P. Singh, Additional Secretary (Home), GNCT of Delhi.
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Mr. Rajeev K. Virmani, learned amicus curiae submits that copy of
the said affidavits have not been supplied to him therefore, he will not
be in a position to effectively assist in the regard. Copies of the same
have been supplied to learned amicus curiae today in court. Copies of the
same is also supplied to Mr. L.K. Singh, counsel representing the
Association of Prosecutors.
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One of the grounds raised by GNCT of Delhi in these affidavits is
that the appointment of 15 public prosecutors and promotion orders in
respect of five Additional Public Prosecutors could not take place
because of Model Code of conduct. It is further submitted that
appointment letters to the fifteen candidates recommended by the UPSC and
five candidates selected on contractual appointment, are pending
clearance with the Chief Election Commission of India and the Government
is likely to get the clearance, after the election process is over by
16th May 2014.
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Mr. P.K. Sharma, Standing Counsel (CBI), submits that the CBI has
also filed a status report alongwith affidavit of Mr. O.P. Verma,
Director of Prosecution, CBI. Learned Standing Counsel (CBI) requests
that two months time be given to the CBI to clear all the pending
outstanding bills of Standing Counsels/ Ex.Standing Counsels / Public
Prosecutors/Additional Public Prosecutors, who have been appearing in
various matters before the Delhi High Court and within the said period it
will be ensured that no professional bills of any Standing Counsels/
Ex.Standing Counsels / Public Prosecutors/Additional Public Prosecutors
remain outstanding on any ground whatsoever.
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Mr. Sunil Sharma, Additional Public Prosecutor for the State, on
instructions from Mr. Naveen Mata, Special Public Prosecutor (CBI),
submits that the professional bills of Mr. Mata have not yet been
settled, despite the fact that he was personally pursuing the same on the
occasion of marriage of his daughter. Mr. P.K. Sharma, Standing Counsel
(CBI) has assured that he will personally look into the bills of Mr.Mata.
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Proxy counsel appearing for Mr.Vikas Pahwa, Senior Advocate
(previously Standing Counsel for CBI) submits that even the professional
bills of Mr.Pahwa who represented the CBI as Standing Counsel remains
outstanding to the tune of Rs.10-11 lacs.
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Considering the fact that Mr.P.K. Sharma, Standing counsel (CBI) has already given assurance that the CBI would clear all the outstanding
bills of Standing Counsels/ Ex.Standing Counsels / Public
Prosecutors/Additional Public Prosecutors within a period of two months,
we direct all the said Standing Counsels/ Ex.Standing Counsels / Public
Prosecutors/Additional Public Prosecutors to supply photocopy of their
outstanding bills to Mr.P.K.Sharma, Standing Counsel (CBI) so that Mr.
Sharma can take up the matter with the concerned Branches or the Head
office of CBI to ensure clearance of the outstanding bills.
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Standing Counsels/ Ex.Standing Counsels / Public
Prosecutors/Additional Public Prosecutors are directed to give copies of
their outstanding bills with complete particulars, including RC
Number/FIR Number of the case in which they appeared and the amount
outstanding against each such case, to Mr.P.K. Sharma, Standing counsel
(CBI) within one week.
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Renotify on 24th July 2014.
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A copy of this order be given dasti.
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KAILASH GAMBHIR, J
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SUNITA GUPTA, J
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MAY 07, 2014
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