JUDGMENT - P.B. SAWANT, J.:---In this group of writ petitions/applications, a common question of law concerning the appointment of Special Public Prosecutor and Assistant Public Prosecutor under sections 24(8) and 25(1) respectively of the Code of Criminal Procedure, 1973, (hereinafter referred to as 'the Code') has been raised, and hence, they are being disposed of by this common judgment. In writ Petition No. 527 of 1986 the challenge is to the appointment of an Assistant Public Prosecutor under section 25(1) whereas in all other writ petitions the challenge is to the appointment of Special Public Prosecutors under section 24(8).

2. The challenge is mainly on two grounds. The first ground is that neither section 24(8) nor section 25(1) lays down any guidelines as to when Special Public Prosecutor/Assistant Public Prosecutor should be appointed. To that extent there is an excessive delegation of power, and hence the power conferred under the said sections is arbitrary and violative of Article 14 of the Constitution. The second ground is that the appointment of Special Public Prosecutor Assistant Public Prosecutor at the instance of the complainant and paid for by him is bound to ac

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