When the plea, filed by Bharti's wife Lipika Mitra, came up for hearing before Justice P S Teji, an additional standing counsel of Delhi government, objected to the appearance of police's lawyer Shailendra Babbar, saying a special public prosecutor (SPP) has been appointed by the AAP regime.
Babbar opposed the contention saying he has been appointed as SPP for this case by the Lieutenant Governor.
The court asked the counsel to file an application in this regard and posted the matter for next hearing on May 4.
Delhi government and the police have been at loggerheads on the same issue in other cases too, like the Kanhaiya Kumar sedition case and CNG fitness scam case.
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Bharti's wife has sought cancellation of his bail granted on October 7 last year on several grounds, including that the trial court "has not applied its mind" while granting relief to the former Delhi minister.
She had lodged a case of domestic violence and attempt to murder against the AAP MLA, who was arrested in the wee hours on September 29 last year after the Supreme Court had ordered him to surrender.
The trial court had granted him the relief, saying he was no longer required for investigation purposes and had observed that since he was a member of Delhi Legislative Assembly, there was no ground to agree with the apprehensions of the police that he may flee abroad.
On September 22 last year, the high court had rejected his anticipatory bail plea, observing that allegations against him were backed by "documentary proof".