A common counter affidavit by the LG and the Central government argued that the former exercised his powers for valid reasons as it became necessary to safeguard the ‘national interest’, and that the issue of appointment of SPPs arose in these two sets of cases because these were no routine matters and the inherent controversies had inception in laws promulgated by the parliament.
“The unfortunate incident of communal riots in North-east Delhi involved a huge loss to life and property and displayed an effort on the part of miscreants to create rift between two communities, thus directly challenging the secular character of the nation. Any matter arising out of the incident warrant a direct involvement of the Union government as the incident sought to affect the unity and integrity of the country. The fact that such incidents affecting the unity and integrity of the country took place within the geographical jurisdiction of the NCT of Delhi, which serves as a National Capital to the country, is evidence of the fact that the issues involved are national in character and thus, in the opinion of the Respondent, was a case fit for reference to the President,” the affidavit said.
Source: Barandbench
