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IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. NITIN JAMDAR, CJ, MR.JUSTICE ZIYAD RAHMAN A.A., J
Suo Motu Writ Petition Initiated By The High Court – Appellant
Versus
State Of Kerala – Respondent
Certainly. Based on the provided legal document, here are the key points:
The appointment of Public Prosecutors must prioritize the opinion of the District Judge, in accordance with Section 24 of the Cr.P.C. and Section 18 of the BNSS, to ensure a fair, transparent, and competent selection process (!) (!) .
The Rules of 1978, which govern the appointment and conditions of service of Government Law Officers, are not applicable to Public Prosecutors, as they do not hold public posts but are appointed as legal practitioners with a tenure appointment (!) (!) .
The appointment process must involve effective consultation with the District Judge, and the State Government is required to issue internal guidelines that give primacy to the District Judge’s opinion, ensuring compliance with the law and judicial directives (!) (!) (!) .
The law emphasizes that the appointment of Public Prosecutors should be based on merit, integrity, and experience, with the process being free from political or arbitrary influences. The opinion of the District Judge is fundamental in assessing these qualities (!) (!) (!) .
The procedure for appointment under Section 24 of the Cr.P.C. (and Section 18 of BNSS) includes the preparation of a panel of qualified advocates by the District Magistrate or District Judge, followed by appointment by the State Government, with the consultation process being a vital safeguard against arbitrariness (!) (!) (!) .
The appointment of Public Prosecutors must be made in a timely manner to prevent delays in justice delivery. The State has a duty to fill vacancies promptly and establish posts of Prosecutors concurrently with the creation of new courts (!) (!) (!) .
The Court mandates that internal guidelines issued by the State should conform strictly to the legal requirements, particularly emphasizing the importance of consultation with the District Judge and the need for objective assessment based on merit and integrity (!) (!) .
If the guidelines or practices contravene the principles laid down by law or if delays persist in filling vacancies, the Court may revive the suo motu petition for further directions or corrective measures (!) (!) .
These points collectively highlight the legal and procedural standards for the appointment of Public Prosecutors, underscoring the importance of fairness, merit, and adherence to judicial and constitutional principles.
JUDGMENT :
Nitin Jamdar, C.J.
Public Prosecutors play an important role in the administration of justice. The importance of careful selection of Public Prosecutors is emphasised by the Hon’ble Supreme Court. The Public Prosecutors are required to perform statutory duties independently, having regard to various provisions contained in the Code of Criminal Procedure, 1973. The need to improve the quality of prosecution, in order to increase the certainty of conviction and punishment for most serious offenders and repeaters, cannot be stressed enough. The Hon’ble Supreme Court has underscored that the maintenance of law and order in the society and, to some extent, the maintenance of the Rule of law, which is the basic fibre for upholding the Rule of democracy, lies in the hands of the Public Prosecutors.
2. Despite the emphasis laid by the Hon'ble Supreme Court on the importance of Public Prosecutors as above and the need to improve their quality almost two decades ago, the Division Bench of this Court found that criminal trials in the State were being seriously affected by the lack of competent Prosecutors, who at times failed to follow even the basic procedure. Having noticed several
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.
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