Excelsior Correspondent
Srinagar, Oct 30: High Court today directed the State Government to follow the Supreme Court directions on appointment of Public Prosecutors (PPs) on merit rather than political considerations.
The Division Bench of Chief Justice N Paul Vasanthakumar and Justice Hasnain Masoodi, while hearing the PIL on the procedure of appointment of Public Prosecutors, directed the authorities to take the decision for appointment of Public Prosecutors (PPs) in view of Supreme Court directions and the suggestion delivered by the High Court.
“Directions are issued to the respondents to take a decision with regard to the guidelines and norms for appointment for Public Prosecutors, Additional Public Prosecutors, Special Public Prosecutors bearing in mind the judgment of Supreme Court along with the report of the committee and the suggestions made by this court”, said the Division Bench while closing the PIL filed by advocate Alla-u-Din Ganaie.
Court further directed that the norms be finalized within a period of four weeks and till such time no Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor (PP) shall be appointed.
The petitioner referring to provision of law which empowers the Government to appoint the PP on merit, suitability and eligibility says Government till date has failed to frame the policy. “Appointments are being made on political consideration and most junior lawyers having no experience in conducting the criminal trial before the courts have been engaged”, the petition reads.
Supreme Court has held that the role of the courts is to discover the truth and the prosecutor should be an honest person of a highest integrity who has the calibre and credibility to find out the truth and punish the guilty.
Government under Order No.2265-LD of 2015 dated 11.8.2015 constituted a committee of five members for framing guidelines and procedure for appointment of PPs and the members who attended the meeting were asked to submit their views and all the views were considered and thereafter a decision was taken to frame the guidelines and procedure for appointment of PPs and guidelines were made for appointment of PPs which are pending approval before the Government.
Court after perusal of the committee report expressed its view that the suggestions and views of Principal Sessions Judges of concerned districts shall also be obtained before the appointment of PPs bearing in mind the direction of Supreme Court.
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