ALLAHUDIN GANAI Vs. STATE OF J&K AND ORS.

JUDGEMENT

(1.) This PIL is filed by an Advocate praying for issuing a direction to the respondents to comply with the directions issued by Honourable the Supreme Court in Criminal Appeal No. 1640/2010, dated 23.01.2013 titled as Thana Singh Vs. Central Bureau of Narcotics, wherein the procedure of appointment of Public Prosecutors was suggested as mandated under Sec. 24 of the Code of Criminal Procedure, 1973 with a further direction that the District and Sessions Judge shall make recommendations for appointment in consultation with the Administrative Judges/Portfolio Judge/Inspecting Judge, in-charge of looking after the administration of the concerned Sessions Courts.

(2.) In the affidavit filed in support of this writ petition, it is contended by the petitioner that in order to enforce Penal Laws, the prosecutor has to play an important role in a criminal justice delivery system. The Courts of Sessions are conducting the trials of heinous/grave offences where the Public Prosecutor is expected to conduct the proceedings in dispassionate manner, thereby the appointment of Public Prosecutor is of great importance and he cannot be a police prosecutor who must ensure the conviction of real culprits and also ensure that no innocent person is punished. The Public Prosecutor should be a man of integrity, well-versed in law and he should be chosen based on merit and not on any other consideration including political. As per Sec. 493 of Cr. P.C 1989, in every trial before the Court of Sessions, the prosecution shall be conducted by the Public Prosecutor.

(3.) Sec. 492 Cr. PC empowers the Government to appoint Public Prosecutor, but till date the Government of Jammu and Kashmir has not framed any policy/guidelines with respect to the appointment of Public Prosecutors and appointments are being made on political considerations and it is alleged that in the State of Jammu and Kashmir most junior lawyers having no experience are conducting the criminal trials before the Sessions Courts. The importance of appointing a good and competent person as a Public Prosecutor was emphasised by Honourable the Supreme Court in the above referred judgment wherein it is held that role of the courts being 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.