Najeeb Jung appoints special Public Prosecutor, court asks police to do thorough probe
New Delhi: Lt Governor Najeeb Jung has appointed a special public prosecutor to represent Delhi police in the alleged fake degree case involving former law minister and AAP leader Jitender Singh Tomar, a court here was told on Thursday.
The submissions were made before the court of Additional Sessions Judge Sanjeev Jain during the hearing on Tomar's bail plea. Advocate Tarunvir Singh Khehar told the court he has been appointed as special public prosecutor in the case by the LG.
"I have been appointed as special public prosecutor in the case by the LG of Delhi to represent police in the case," Singh informed the judge.
As the hearing on Tomar's bail plea commenced, senior advocate Ramesh Gupta, appearing for the accused, objected to Khehar's appearance in the case saying they neither know him nor has he filed any 'vakalatnama' (power to an advocate to argue/plead in the case). The court then asked Khehar to file vakalatnama and place on record the authorization letter of LG showcasing his appointment.
To this, Khehar submitted his 'vakalatnama' in the case and said he has the copy of authority letter of LG but sought time to file it later. Gupta then requested the court that Khehar's statements be taken on record that he has been appointed by LG to represent police in the case.
"Vakalatnama has been filed by advocate Tarunvir Singh Khehar and he has made a statment at the bar that he has been appointed by Lieutenant Governor (LG) of Delhi to represent Delhi police/state but he does not possess the copy at present. Let him file the copy on next date of hearing," the court said in its order.
49-year-old Tomar was arrested by Delhi Police following an FIR registered on the basis of a complaint lodged by BCD for allegedly forging documents, including educational degrees, to enroll as an advocate.
An FIR was registered against Tomar on June 8 at Hauz Khas police station and he was booked for alleged offences of cheating, forgery, using forged documents as genuine, forgery with intent to cheat and criminal conspiracy.
Additional Sessions Judge Sanjeev Jain asked the Deputy Commissioner of Police (DCP), who was present in the court, about the progress of probe into the case and directed him to ensure that a thorough probe is conducted.
"There are hundreds of records in a university regarding a student like admission register, fees slips, class room records, class teacher records. You should ascertain every records and do a thorough probe by looking into all aspects," the judge told the DCP.
The court also asked the police to place on record every detail of the case which would surface during its probe to ensure a fair trial.
During the hearing, special public prosecutor Tarunvir Singh Kehar submitted that records pertaining to the matter were with the investigating officer (IO) who has taken Tomar to Uttar Pradesh and Bihar to ascertain the key facts from the educational institutions allegedly attended by the accused.
He requested for deferment of the hearing on bail plea till the completion of police remand of Tomar.
Senior advocate Ramesh Gupta, representing Tomar, argued that police is supposed to have a copy of case diary as per provisions of law and if any deferment of hearing was given then interim bail should be granted to the accused till the pendency of regular bail plea.
The court accepted the contention of police and deferred the hearing on bail plea saying the matter requires objective consideration of records and interim bail would further "complicate" the matter.
"Order for interim bail will further complicate the matter and the same is neither appropriate nor desirable. Keeping in view the facts and circumstances of the case, this matter requires objective consideration after going through the records.
"It is in the interest of all the parties that the bail plea is decided after considering the records on expiry of the police remand. Put up the bail application for June 16 before the vacation court of competent jurisdiction," the court said.