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Transport scam: Court to hear arguments on SPP appointment

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New Delhi, Aug 22 (PTI) A special court today decided tohear afresh the arguments on appointing of special publicprosecutor (SPP) in the Rs 100 crore transport scam case inDelhi in view of Delhi High Court’s recent verdict on powersof Delhi government and Lieutenant Governor. Special Judge Poonam Chaudhry said the court has not yetreceived the high court verdict by which her earlier orderturning down Delhi government’s notification appointing a SPPin the case, was set aside. "Order of the Delhi High Court has not been received. Theoperative portion of the order has been submitted by SPP B SJoon (appointed by Delhi government). List the matter onSeptember 20 for arguments," the court said. While advocate Sanjay Kumar Gupta was appointed SPP by LGNajeeb Jung last year, advocate B S Joon was notified for thepost by the AAP government in the case. However, the special court had in September last yearobserved that the LG-appointed SPP would conduct proceedingsin the matter which was challenged by the Delhi governmentbefore the high court. The high court, on August 4, had held that the LG has toact on the aid and advice of the Council of Ministers whileexercising the power to appoint an SPP for any case. It had set aside trial court’s September 7, 2015 orderand directed the special judge to pass an appropriate orderafresh in accordance with law. This ruling assumes significance, as of late variouscriminal matters, including the transport scam, in the highcourt and trial courts have witnessed heated arguments betweenprosecutors appointed by the Delhi government and LieutenantGovernor, as to who would represent the state or the police. The Anti Corruption Branch of Delhi Government had onSeptember 3 last year filed its charge sheet in the courtnaming nine persons, including two IAS officers, as accused inthe case. The court is yet to take cognisance of the chargesheet. The charge sheet was filed for offences punishable underthe Prevention of Corruption Act and the IPC, includingsections 409 (criminal breach of trust by public servant), 420(cheating), 120B (criminal conspiracy) of the IPC. PTI SKVARC

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