Excelsior Correspondent
JAMMU, Nov 6: In the Public Interest Litigation (PIL) seeking quashment of Government Order No. 1104-Home of 2019 dated 30-10-2019 whereby sanction was accorded to the establishment of Directorate of Prosecution as also Government Order No. 01-Home of 2019 dated 31-10-2019 whereby former members of J&K Police Gazetted Service (Prosecution Wing) have been engaged as Deputy Directors Prosecution, Division Bench of State High Court comprising Chief Justice Gita Mittal and Justice Rajesh Bindal has issued notice to the respondents to show cause as to why the writ petition be not admitted for hearing.
AAG Raman Sharma accepted notice on behalf of the respondents and prayed for time to file counter affidavit. Accordingly, DB after hearing AAG for the respondents and Advocate AP Singh for the petitioners directed that counter affidavit be filed within four weeks.
DB further directed the respondents to examine the position which subsists in other parts of the country and inform the court as to whether the practice for appointing Prosecutors which is complained of by the writ petitioners, is followed anywhere else.
During the course of hearing, Advocate General DC Raina submitted that the writ petition raises questions which cannot be considered a writ petition filed as a Public Interest Litigation. Division Bench observed, “we leave this objection open for consideration at the time of hearing the writ petition”.
Follow our WhatsApp channel