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AAP leader and Delhi Deputy Chief Minister Manish Sisodia on Tuesday accused Lieutenant Governor V K Saxena of issuing prosecution sanction by bypassing the city government.
He said this has led to a situation where those accused of committing serious offences against the State might walk away free.
Sisodia said it is the elected government that issues a prosecution sanction.
“Hon. LG’s over-enthusiasm to bypass elected govt on every matter has created a crisis situation wherein many people accused of committing serious crimes against the state might go scot free,” he said in a tweet.
Hon. LG’s over-enthusiasm to bypass elected govt on every matter, has created a crisis situation wherein many people accused of committing serious crimes against the state might go scot free. Hon LG have issued invalid Prosecution Sanctions bypassing the elected government. 1/3
— Manish Sisodia (@msisodia) January 24, 2023
The LG has issued “invalid Prosecution Sanctions bypassing the elected government,” he said, without elaborating.
Under Section 196(1) of the Code of Criminal Procedure (CrPC), a valid sanction for prosecution from the state government is a prerequisite for certain offences, Sisodia said.
It includes offences like hate speech, hurting religious sentiments, hate crimes, sedition, waging war against state and promoting enmity among others, he said.
“According to SC orders, it is the elected Government which has to exercises executive powers to issue a valid sanction for prosecution Under Section 196(1) CrPC, and Hon’ble LG will be bound by the aid and advice of the Council of Ministers,” he said in a series of tweets.
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