Home India Government of The National Capital Territory of Delhi Appointment Sh Manoj Garg Addl PP...
Date: 2022-03-31 Category: Extra Ordinary State: Union Government Country: India

Appointment Sh Manoj Garg Addl PP

Issued by Government of The National Capital Territory of Delhi · Home Department

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Executive Summary & Key Takeaways

## Report on Appointment of Special Public Prosecutor in Delhi Corruption Case **1. Executive Summary:** This report analyzes a government notification from the National Capital Territory of Delhi regarding the appointment of a Special Public Prosecutor (SPP) for a corruption case. The core purpose is to appoint Sh. Manoj Garg as the SPP for FIR No. 194/2017, related to offenses under the Prevention of Corruption Act and the Indian Penal Code. The case, initially registered in Chandigarh, was transferred to Delhi by order of the Supreme Court. Key findings indicate the SPP's fees and expenses will be borne by the Chandigarh government. **2. Introduction:** This report provides an overview of a notification issued by the Government of the National Capital Territory of Delhi (GNCTD) concerning the appointment of a Special Public Prosecutor. The analysis is based solely on the provided text of the notification. **3. Policy Overview:** This notification pertains to the *application* of existing laws and procedures rather than establishing a new policy *per se*. The relevant underlying policy is the Code of Criminal Procedure, 1973, specifically section 24(8), which allows for the appointment of special public prosecutors. * **Core Objective:** To appoint a Special Public Prosecutor to ensure the effective prosecution of a specific corruption case transferred from Chandigarh to Delhi. This aims to uphold the rule of law and ensure a fair trial in the matter. **4. Background and Rationale:** The notification addresses the need for specialized legal representation in a corruption case. The transfer of the case from Chandigarh to Delhi by order of the Supreme Court likely necessitates the appointment of a Special Public Prosecutor familiar with Delhi's legal processes and capable of handling the complexities of the case. The involvement of the Prevention of Corruption Act suggests the case involves allegations of corruption within the government or public sector, requiring focused and experienced prosecution. **5. Key Provisions / Changes:** This notification document functions as an *implementation notice* for existing laws. The key provision is the appointment of Sh. Manoj Garg as Special Public Prosecutor. * **Specific part of existing law being invoked:** Section 24(8) of the Code of Criminal Procedure, 1973. * **The New Rule/Provision:** The notification *implements* the existing provision by appointing Sh. Manoj Garg, Addl. PP as the Special Public Prosecutor for case FIR No. 194/2017. * **Difference/Effect:** This appointment ensures that the prosecution of the case will be handled by a prosecutor designated specifically for this purpose, who will have the necessary authority and responsibility to represent the state's interests. **6. Target Audience and Stakeholders:** The primary stakeholders directly affected by this notification are: * **Sh. Manoj Garg:** The appointed Special Public Prosecutor, who assumes responsibility for the case. * **The Courts in Delhi:** Where the trial will now be held. * **The accused individuals (Sunita and others):** As the appointment directly impacts the prosecution they will face. * **The Union Territory of Chandigarh:** As they are responsible for covering the fees and expenses of the appointed prosecutor. **7. Implementation Aspects (Inferred):** * **Responsible Agency/Bodies:** * The Home Police-II Department of the GNCTD issued the notification. * The Lieutenant Governor of Delhi approved the appointment. * The Chandigarh government is responsible for funding the SPP's fees and expenses. * **Timelines/Procedures:** The notification took effect on March 23, 2022, upon its issuance. The SPP's work commences immediately, following established legal procedures for prosecution. The notification indicates that the case is already at the stage of C.C.No.12018. **8. Expected Outcomes / Impact of Changes:** The intended outcome is to ensure a competent and focused prosecution of the corruption case in Delhi. By appointing a Special Public Prosecutor, the government aims to: * Increase the likelihood of a fair and just trial. * Effectively present the state's case against the accused. * Uphold the rule of law in matters of corruption. * Potentially expedite the legal proceedings by assigning dedicated resources. **9. Conclusion:** The notification regarding the appointment of a Special Public Prosecutor signifies the government's commitment to addressing corruption and ensuring a fair trial in the case transferred from Chandigarh to Delhi. By assigning a dedicated prosecutor and allocating resources for the legal proceedings, the notification aims to effectively pursue justice and uphold the integrity of the legal system. The notification serves as an administrative action to implement existing laws and procedures for the effective prosecution of a specific criminal case.

Key Entities Referenced

Code of Criminal Procedure, 1973: A law referenced for the powers conferred to appoint a Special Public Prosecutor. Ministry of Home Affairs: The Government of India ministry whose notification is read with the Code of Criminal Procedure for appointing the Special Public Prosecutor. Manoj Garg: The Additional Public Prosecutor appointed as Special Public Prosecutor. Prevention of Corruption Act: Act under which sections are applied in the case FIR No. 1942017. Indian Penal Code: Code under which sections are applied in the case FIR No. 1942017. Chandigarh: Union Territory, Place where the case State Vs Sunita Ors. originated and from where it was transferred. Sunita Ors.: Defendant in the case 'State Vs Sunita Ors.' Supreme Court of India: The court that ordered the transfer of the case State Vs Sunita Ors. Delhi: National Capital Territory of Delhi, the place to which the case State Vs Sunita Ors. was transferred for trial. FIR No. 1942017: The First Information Report number of the case for which the Special Public Prosecutor is appointed. GNCT of Delhi: Government of National Capital Territory of Delhi, whose Lieutenant Governor approved the appointment. L.K. Gautam: Dy. Secy. HOMEII, who issued the notification.
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रजिस्ट्री स.ं डी.एल.- 33002/99 REGD. No. D. L.-33002/99 भारत स रकार GOVERNMENT OF INDIA एस.जी.-डी.एलx.x-xअG.I-D0H1x0x4x2 022-234766 SG-DL-xEx-x0G1I0D4E2x0xx2 2-234766 असाधारण EXTRAORDINARY प्राजधकार स ेप्रकाजित PUBLISHED BY AUTHORITY स.ं 221] दिल्ली, बृहस्ट्प जताार, मार् च 31, 2022/र्त्रै 10, 1944 [रा.रा.रा.क्ष.ेदि. स.ं 592 No. 221] DELHI, THURSDAY, MARCH 31, 2022/CHAITRA 10, 1944 [N. C. T. D. No. 592 भाग IV PART IV राष्ट्रीय रािधानी राज्य क्षत्रे दिल्ली सरकार GOVERNMENT OF THE NATIONAL CAPITAL TERRITORY OF DELHI II fnYyh] 23 ekpZ] 2022 II .—x`g e=a ky;] Hkkjr ljdkj dh fnukad 20 ekpZ] 1974 dh vf/klwpuk la[;k 11011@2@74&;w Vh ,y ¼i½ ds lkFk ifBr vkijkf/kd izfØ;k lafgrk] 1973 ¼1974 dk 2½ dh /kkjk 24 dh mi/kkjk ¼8½ }kjk iznŸk 'kfDr;ks a dk iz;ksx djrs gq, l{ke izkf/kdkjh ,rn~ }kjk fnukad 19-9-2017¼lh-lh-ua- 1@2018½ds ,QvkbZvkj la- 194@2017 ekeys e]as Hkz’Vkpkj fuokj.k vf/kfu;e dh /kkjk 8]9]13¼2½ ds v/khu rFkk /kkjk 409@420@120[k ds lkFk ladfyr Hkkjrh; n.M lafgrk 201] ih,l&3] dsUnz „kkflr izn“s k p.Mhx< „kh’kZd ÞjkT; cuke lquhrk ,oa vU;ß ftls fd ekuuh; loksZPp U;k;ky; ds fnukad 5-2-2021 ds vkn“s k }kjk LFkkukarj.k ;kfpdk ¼lhvkj,y½ la- 136@2020 ,oa 66@2020 ds vuqlkj tkpa gsrq p.Mhx< ls fnYyh LFkkukrfajr fd;k x;k Fkk] eas fopkj.k gsrq Jh eukst xxZ] vij yksd vfHk;kstd dk s fo“ks’k yksd vfHk;kstd ds :i eas fu;qDr djrs gSA fo“ks’k yksd vfHk;kstd dk s ;Fkkxzkg~; „kqYd ,oa O;; dsUnz „kkflr izn“s k p.Mhx<] p.Mhx< ljdkj }kjk ogu fd;s tk,xsAa ;g ekuuh; mijkT;iky ] jk’Vhª; jkt/kkuh {ks= fnYyh ds vuqeksnu ls tkjh fd;k tkrk gS A jk"Vªh; jkt/kkuh {ks= fnYyh ds mijkT;iky ds vkn's k ls rFkk muds uke ij] ,y- ds- xkSre] mi&lfpo ¼xg` &II½ 2279 DG/2022 (1)2 DELHI GAZETTE : EXTRAORDINARY PART IV] HOME (POLICE-II) DEPARTMENT NOTIFICATION Delhi, the 23rd March, 2022 No. F. 8/164/2021/HP-II/564-77.—In exercise of the powers conferred by sub-section (8) of section 24 of the Code of Criminal Procedure, 1973 (2 of 1974), read with the Government of India, Ministry of Home Affairs Notification No. 11011/2/74-UTL (i) dated the 20th March, 1974, the Competent Authority, is pleased to appoint Sh. Manoj Garg, Addl. PP as Special Public Prosecutor in case FIR No. 194/2017 dated 19.09.2017 (C.C.No.1/2018), U/s 8,9,13(2) Prevention of Corruption Act & Sections 409/420/120B added 201 IPC, PS-3, UT, Chandigarh, titled as ‘State Vs Sunita & Ors.’ Which was transferred from Chandigarh to Delhi by Order dated 05.02.2021 of Hon’ble Supreme Court of India vide Transfer Petition (Crl.) No. 136/2020 & 66/2020 for trial. The fee and expenses as admissible to Special Public Prosecutor will be borne by the Govt./Administration of Union Territory of Chandigarh, Chandigarh . This issues with the approval of Hon’ble Lieutenant Governor, GNCT of Delhi. By Order and in the Name of the Lt. Governor of the National Capital Territory of Delhi, L.K. GAUTAM, Dy. Secy. (HOME-II) Uploaded by Dte. of Printing at Government of India Press, Ring Road, Mayapuri, New Delhi-110064 and Published by the Controller of Publications, Delhi-110054.

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