XXXXX Vs. UNION OF INDIA

JUDGEMENT

(1.) This Writ Petition (Criminal) has been filed under Article 226 of the Constitution of India and the prayers are as under:

(2.) Heard the learned counsel for the petitioner, the learned Additional Director General of Prosecution and the learned Senior counsel appearing for the Central Bureau of Investigation (CBI).

(3.) It is submitted by the learned Senior counsel for the CBI that, as per Ss. 2 and 3 of the Delhi Special Police Establishment Act, 1946, CBI was entrusted with investigation of this crime and the investigation started and final report filed arraying accused Nos.1 to 4. Thereafter, as directed by the court, further investigation has been going on to find out involvement of any other persons. According to the learned Senior counsel for the CBI, the victim or the representatives of the victim have no right to seek appointment of a Special Public Prosecutor and the same is absolutely a power vested with the Central Government or the State Government as the case may be. It is also submitted that since the investigation is now at the helm of CBI, Central Government alone has the power to appoint a Special Public Prosecutor in this matter. It is also submitted that the victim's right in the matter of appointment of a lawyer of his choice is subject to proviso to Sec. 24(8) of Cr.P.C. He has highlighted the decision of this Court in P. Jigesh v. State Of Kerala, reported in 2013 (1) KHC 601] with reference to paragraph No.23 and the same reads as under: