Delhi High Court Nominee Amit Prasad Under Scrutiny Over 2011 Fatal Crash Conviction
The recommendation of advocate Amit Prasad for appointment as a judge of the Delhi High Court has drawn scrutiny due to his 2011 conviction in a fatal road accident that occurred near Khel Gaon Marg in south Delhi. Prasad, a prominent criminal lawyer and former special public prosecutor, was convicted of causing the death of a cyclist through rash and negligent driving in 1996, though he was subsequently released on probation.
The accident took place on May 12, 1996, when Prasad was still a law student. He later entered the legal profession in 1998. On June 6, 2011, Metropolitan Magistrate Gaurav Rao ruled that the prosecution had successfully proved Prasad was driving a Maruti car in a rash and negligent manner when he struck the cyclist, who later died from his injuries. The trial court noted that Prasad had taken the injured cyclist to AIIMS after the crash.
Following the conviction under Sections 279 and 304A of the Indian Penal Code, Prasad was released on probation of good conduct on June 9, 2011, under the Probation of Offenders Act, rather than being sentenced to prison.
While there is no legal bar preventing Prasad from holding a judicial office—as Section 12 of the Probation of Offenders Act removes disqualifications attached to a conviction—the recommendation of a candidate with a criminal conviction record is highly unusual.
According to people aware of the matter, Prasad fully disclosed the details of his 2011 conviction, the probation order, and the completion of his probation period during the judgeship selection process. These disclosures were part of the record reviewed by the Delhi High Court collegium, which comprises Chief Justice DK Upadhyay, Justice V Kameswar Rao, and Justice Nitin W Sambre, before they recommended his name.
Prasad previously served as the special public prosecutor in high-profile cases, including the Delhi riots larger conspiracy case and the Shraddha Walkar case.
His recommendation is part of an ongoing judgeship selection exercise for the Delhi High Court, which currently has 44 judges against a sanctioned strength of 60. The process has already seen adjustments, including the withdrawal of advocate Prachi Mishra's name and the addition of senior advocate Aseem Chawla and advocate Geetanjali Malviya Ojha.
The recommendations are currently being reviewed by the Union and Delhi governments for inputs, after which the Supreme Court collegium will review them alongside Intelligence Bureau reports before final appointments are made.
