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N. V. ANJARIA, KRISHNA S. DIXIT
Sudha Katwa – Appellant
Versus
Registrar General, High Court of Karnataka, Bengaluru – Respondent
ORDER :
Petitioner, a public spirited person and a lawyer by avocation, is invoking the PIL jurisdiction of this court seeking a writ of Quo Warranto for voiding the appointment of 4th respondent herein (on in-charge basi) to the office of the ‘Director of Prosecution & Government litigation’ since August 2019.
(II) Learned counsel for the petitioner in support of the petition prayer makes the following submission :
(b) The appointment of a person having requisite qualification as prescribed by law, can be made to the office in question only with the concurrence of the Chief Justice of High Court as provided under sub-section (2) of Sec.25A of the Code; in the instant case, no such concurrence has been obtained.
(c) Appointment or placement
The court ruled that the appointment of the Director of Prosecution is not limited to the prosecution cadre, and the amendments to the rules do not violate the provisions of the Cr.P.C.
The main legal point established is the duty to appoint a Special Public Prosecutor to ensure a fair trial, as well as the duty of the Prosecutor to be impartial and present all material facts before....
The State Government must conform to statutory procedures when making appointments to public offices to ensure the rule of law is upheld.
The main legal point established in the judgment is that the establishment and appointments within the Jammu & Kashmir Prosecution Service were in accordance with the amended provisions of the Code o....
The appointment of Public Prosecutors must prioritize the District Judge's opinion, governed by Section 24 of the Cr.P.C. and Section 18 of the BNSS, ensuring a fair and competent selection process.
The court emphasized the need for clear recruitment notifications and adherence to consultative processes in appointing public prosecutors to ensure eligible candidates are not excluded.
An Assistant Police Prosecuting Officer, not being categorized as a 'Police Officer,' is competent to conduct prosecutions under CrPC Section 25.
The discretionary power of the Court in issuing a writ of quo warranto and the principles guiding the issuance of such writs.
Point of law: irrespective of the executive or judicial nature of the office of the public prosecutor, it is certain that one expects impartiality and fairness from it in criminal prosecution
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