B.PRAKASH RAO, R.KANTHA RAO
State of Andhra Pardesh, Department of Legislative Affairs and Justice – Appellant
Versus
Margadarsi Financiers rep. By Ramoji Rao – Respondent
This case explores the legal framework governing the appointment of Special Public Prosecutors (SPPs) in India, emphasizing the distinct roles and procedural requirements within the criminal justice system. It highlights that the appointment of an SPP is a discretionary power vested in the government, designed to address specific cases or classes of cases requiring specialized attention. The legal provisions specify that such appointments should be based on the advocate's minimum practice experience and do not necessitate consultation or panel preparation, distinguishing them from regular Public Prosecutor appointments. The case underscores that the office of an SPP is a separate entity, not a regular appointment, and its scope is limited to the case or class of cases for which it is appointed. Furthermore, it emphasizes that the appointment of Senior Advocates as SPPs must adhere to professional conduct rules, which restrict their practice activities, including filing applications or complaints. The case also discusses the importance of maintaining the dignity and ethical standards of the legal profession, asserting that the appointment process must align with statutory provisions to uphold the integrity of prosecutorial roles. Overall, the case reinforces the importance of clear procedural guidelines, professional ethics, and the discretionary nature of prosecutorial appointments in ensuring a fair and effective criminal justice system in India.
Since all these matters involve a common questions of law, they are being taken up together for disposal, though each varies on facts.
In WA.1215 of 2008 and WA (SR) 109236 of 2008 the State of A.P is the appellant, filed as against the interim orders of suspending the impugned proceedings by the learned Single Judge in WPMP.No.25088 and 25089 of 2008 in WP.19231 of 2008.
When these appeals came up for hearing, at the request and consent of the counsel on either side, the main writ petition in WP.19231 of 2008 itself was taken up for final disposal.
In WP.19231 of 2008 the petitioners are the Margadarshi Financers and Sri Ramoji Rao, who sought for Writ of Mandamus to declare the impugned proceedings in G.O.Rt.No.315 Law (LA & J. Home-‘A2’) Department dated
19-02-2007 issued by the State Government purportedly in exercise of powers under sub-section 8 of Section 24 of Code of Criminal Procedure 1973 appointing the respondent No.2 as a Special Public Prosecutor under Section
45 T (1) of the Reserve Bank of India Act, 1934 for the purpose of filing of applications and complaints under Section 58 (E) of the said Act and prosecute them, as arbitrary, discri
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