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PANKAJ MITHAL, SINDHU SHARMA
Amit Pathania – Appellant
Versus
Union of India – Respondent
JUDGMENT
Sharma, J. - In anticipation of the enforcement of the Jammu & Kashmir Reorganization Act, 2019, the Government of Jammu and Kashmir vide order No. 1104-Home of 2019 dated 30.10.2019, accorded sanction to the establishment of Directorate of Prosecution and creation of separate Prosecution Service to be known as Jammu & Kashmir Prosecution Service, comprising of the members of the Jammu & Kashmir Police (Gazetted) Service (Prosecution Wing) and Prosecuting Officers (NonGazetted) as its members. By the impugned order No. 1104-Home of 2019 dated 30.10.2019, sanction was accorded to :-
'6. Now, therefore, sanction is hereby accorded to:
(i) establishment of a Directorate of Prosecution, headed by a Director General (Prosecution), consisting of such posts as may be prescribed;
(ii) creation of a separate prosecution service, to be known as the 'Jammu & Kashmir Prosecution Service', comprising the members of the Jammu and Kashmir Police (Gazetted) Service [Prosecution Wing] and the Prosecuting Officers (Non-Gazetted), as per Annexure, Thereupon, the said persons shall cease to be the Police Officers and, accordingly, excluded from the ambit of the Jammu and Kashmir Police (Gazetted)
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....
An Assistant Police Prosecuting Officer, not being categorized as a 'Police Officer,' is competent to conduct prosecutions under CrPC Section 25.
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 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 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 significance of the DPP's autonomy and the specific qualifications required for the appointment to the office of DPP.
The State Government has the authority to appoint Public Prosecutors and Additional Public Prosecutors from a regular cadre, but this is not an exclusive requirement, as it can also appoint Special P....
No criminal culpability arises from administrative transfers of public prosecutors or procurement decisions unless specific statutory offenses are demonstrated.
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