Judgment

S.B. Sinha, J.-

Introduction :

A short but interesting question as regard interpretation of Section 24 of the Code of Criminal Procedure and the relevant provisions of Legal Remembrancer’s Manual relating to appointment and renewal of term of the District Government Counsel is in question in this batch of appeals which arise out of various judgments and orders passed by the Allahabad High Court in C.M.W.P. Nos. 34064, 19513, 34074, 26613, 40945, 41178, 5665, 41180, 5667 of 1998, 9809 of 1992, 9203 of 1998, 3100, 3102 of 1999 and 6754 of 1998.

Factual Backdrop :

2. The State of Uttar Pradesh appoints District Government Counsel (DGC) for civil, criminal and revenue courts in terms of the Legal Remembrancer Manual.

3. Appointment of Public Prosecutor is governed by the Code of Criminal Procedure, 1973. The State of Uttar Pradesh, however, amended Section 24 of the Code of Criminal Procedure in terms whereof the requirements to consult the High Court for appointment of Public Prosecutors for the High Court as contained in sub-section (1) of Section 24 as also sub-sections (4), (5) and (6) thereof were deleted. Renewal of terms of the District Government Counsel, are, however, gover