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1998 Supreme(Mad) 1656

V.S.SIRPURKAR
Mohammed Asif – Appellant
Versus
The State of Tamil Nadu represented by the Chief Secretary, Fort St. George, Chennai-9. and Others – Respondent


Advocates:
Mr.N. Jothi Advocate for Petitioner. Mr.R. Shanmughasundaram,
Public Prosecutor assisted by Mrs. T. Kokilavani, Government Advocate for
Respondents.

Judgment :

1. Rule Public Prosecutor takes notice. Heard immediately with consent of the parties.

2. The writ petition herein involves an unusual but interesting question of law. The petitioner questions the decision on the part of the Government to appoint more than one Special Public Prosecutor for conducting the trial against the petitioner.

3. Following facts would highlight the controversy:

The petitioner was a Minister for Rural Industries of Government of Tamil Nadu in the cabinet headed by Selvi. J. Jayalalitha. He has presently been prosecuted for various offences including the offences under the Prevention of Corruption Act. These prosecutions are pending before the Special Courts. The petitioner is concerned with the case covered by CB CID/Hq Crime No. 17 of 96 and that one Thiru. G. Krishnamurthy, the 5th respondent herein, was appointed as a Special Public Prosecutor by G.O.Ms.No. 118, Public (Special A) Department, dated 21. 1997. He further points out that the Government, by G.O.Ms.No. 430, Public (Special A) Department, dated 14. 1997, has further appointed as many as eight Senior Advocates as Special Public Prosecutors to conduct the cases before the Courts and















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