Sir,
Your editorial captioned ‘Disengaging Public Prosecutors, DE June 22 has rightly highlighted the short comings with respect to the fate of cases in the courts. The appointments of PPs and Govt. advocates needs to be on merit to better results.
I may add one more aspect in this regard, that Supreme Court in its latest judgement State of Punjab V Brijeshwar Singh Chahal dated 30-3-2016, headed by T.S. Thakur C.J.I and his Kurian Joseph. J. observed that no lawyer has a right to be appointed as State Government. Counsel or as a Public Prosecutor. But for their appointments there ought to be a realistic assessment of the requirement, for otherwise the appointments may be made not because they required, but because they come handy for political appeasement or personal benevolence of those in power towards those appointed. Appointment made in an arbitrary fashion, without any transparent methods of selection or for political considerations will be amenable to judicial reviews and liable to be quashed. There can be a committee to select the candidates as per their merit. Their lordship further observed that the judgement is confined to the state of Punjab and Haryana, yet other states would do well to reform their system of selection and appointments to make the same more transparent fair and objective.
Yours etc….
Bharat Bhushan Sharma
Advocate
Udhampur
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