NEW DELHI: In a setback to the ACB and the lieutenant governor, Delhi high court on Wednesday stayed trial proceedings in the

CNG

fitness

scam

till it decides who will prosecute the case.

Justice Ashutosh Kumar granted interim stay on a plea filed by the

AAP government

challenging the trial court's nod to the

LG

appointed special prosecutor to conduct the case.

HC also issued notice to advocate Sanjay Kumar Gupta, special public prosecutor (SPP) named by the LG to respond to the allegations that his appointment is invalid.

In its plea, the AAP government through its senior standing counsel, Rahul Mehra, pointed out that it had the sole authority to appoint a prosecutor under the CrPC since criminal law is the state's preserve. However, to frustrate its prosecution in the scam, the LG nominated another PP for the trial through a mere inter-departmental note which can't override the CrPC.

The government has challenged the trial court's decision to overlook its SPP B S Joon in favour of Gupta.

Earlier this month, the special court had turned down AAP government's notification appointing Joon in the Rs 100-crore transport scam case, observing that the LG-appointed SPP would conduct proceedings in the matter.

The court had dismissed an application filed by Joon who said that being appointed by

Delhi government

, he was entitled to conduct prosecution of the case in which Anti-Corruption Branch (ACB) had filed chargesheet last week.

His plea for supply of documents was not accepted by the court, which noted that "the application filed by B S Joon is dismissed in view of Article 239AA of the Constitution (special provisions with respect to Delhi)."

The ACB had on September 3 filed its chargesheet in the court naming nine persons, including two IAS officers, as accused in the case.