Clarification on The Indian Express news article

on Malegaon case, 2008

On the above mentioned subject, the relevant facts are as under:

Ms. Rohini Salian was empanelled as Spl. Public Prosecutor in NIA by a Govt. of
India Notification dated 01.09.2010 . NIA has a two-tier system of Prosecutors- Reputed
advocates are empanelled as Special PPs for conducting prosecution in the trial courts
and for defending the Agency in the higher Courts, while the Branch PPs (who are
Government Officers) attend to the miscellaneous matters and conduct cases of lesser
importance .
The process of empanelment of Spl PPs is guided by the instructions issued from
time to time by the Ministry of Home Affairs (MHA). At present a committee chaired by
DG, NIA and comprising of one Joint Secretary from MHA and Legal Adviser of NIA HQ
scrutinize the applications received for empanelment and recommend names of suitable
candidates to the Ministry of Home Affairs . From amongst the recommended names,
MHA notifies the panel of Spl. PPs after consultation with Ministry of Legal Affairs.
During the meeting of the designated Committee chaired by DG, NIA held on 12.01 . 15,
recommendations for fresh empanelments were made. Subsequently , based on the
recommendations, MHA notified 33 new Spl PPs vide its notification dated 25th May,
which included five for the state of Maharashtra. During the same meeting of 12.01.15,
the designated committee had also decided that the performance, suitability and
availability of the Spl. PPs who are in the panels of five years or more or who are in the
last quarter of completing five years, will be assessed and if need be, recommendations

be made for denotifying them.

In compliance of the decision of the designated

heads of NIA branches were asked to send their recommendations for

committee
I

denotification . In response, the Mumbai branch, vide its letter dt. 16th June 2015 , has
recommended for denotifying three Spl. PPs including Ms. Rohini Salian (who will be
completing five years on 31.08.2015) in view of many Spl. PPs already available for
representing the branch. Recommendation of the branch has reached the Head office
and the matter is under process.
The mainstream work of PP starts only after the investigating agency files
charge-sheet in a trial court. NIA Special Court proceedings during the stage of
investigation are of miscellaneous nature and usually the branch PPs deal with the
same except when a complex legal matter is involved which warrant the services of Spl.
PP . The Malegaon blast case 2008, mentioned by Ms. Rohini Salian in her interview to
the Indian Express, has not yet reached the trial stage. Therefore, it is incorrect to infer
that Ms Salian was being bypassed for court appearances . Further, NIA completely
denies the issuance of inappropriate briefing by any officer of the agency to the Spl. PP
or creating impediments in her prosecution work of NIA cases she has been handling.
NIA also wishes to place on record that before publishing a news article , it is
expected that the concerned reporter approaches the agency for hearing its version and
avoids writing a one sided story.