ANIL R.DAVE, RANJAN GOGOI, R.M.LODHA
DEEPAK AGGARWAL – Appellant
Versus
KESHAV KAUSHIK – Respondent
This case primarily concerns the legal status and qualifications of prosecutors, particularly Public Prosecutors and their role in the judicial process, including the post-trial stage. It establishes that Public Prosecutors are statutory officers of the State, entrusted with the responsibility of ensuring justice rather than merely representing the prosecution. Their duties extend beyond the act of prosecuting to include safeguarding the rights of the accused, ensuring fair trials, and maintaining the integrity of the judicial process. The role of a Prosecutor in the post-trial stage involves not only presenting evidence during the trial but also ensuring that justice is served through proper conduct in appeals and other proceedings, safeguarding human rights, and upholding ethical standards. The Prosecutor must act independently, impartially, and fairly, respecting human dignity and the principles of justice at all times. Their functions are rooted in statutory provisions, emphasizing their duty to serve the public interest and uphold the rule of law. The case underscores that the integrity and independence of Prosecutors are vital for the fair administration of justice, particularly after the conclusion of the trial, including during appeals and review processes.
JUDGMENT
R.M. Lodha, J.:-
1. Leave granted. What is the meaning of the expression ‘the service’ in Article 233(2) of the Constitution of India? What is meant by ‘advocate’ or ‘pleader’ under Article 233(2)? Whether a District Attorney/Additional District Attorney/Public Prosecutor/Assistant Public Prosecutor/Assistant Advocate General, who is full time employee of the Government and governed and regulated by the statutory rules of the State and is appointed by direct recruitment through the Public Service Commission, is eligible for appointment to the post of District Judge under Article 233(2) of the Constitution? These are the questions which have been raised for consideration in this group of appeals.
2. The above questions and some other incidental questions in these appeals have arisen from the judgment of the Punjab and Haryana High Court delivered on 18.05.2010. The Division Bench of the High Court by the above judgment disposed of 12 writ petitions wherein challenge was laid to the selection and appointment of certain candidates to the post of Additional District and Sessions Judge in the Haryana Superior Judicial Service (HSJS) on diverse grounds. The High Court by its jud
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