S. NAGAMUTHU, J.

The legality of the appointment of a Police Officer belonging to Indian Police Service as the Director of Prosecution in the State of Tamil Nadu is challenged in this Public Interest Litigation on the ground that the said appointment is contrary to the mandate of Section 25-A of the Criminal Procedure Code, 1973, [hereinafter referred to as "the Code"].

2. Prior to the year 1984, the Assistant Public Prosecutors, appointed as regular Government Servants to conduct prosecution in the Courts of Magistrates in the State of Tamil Nadu, were under the supervision and control of the respective District Collectors in the Districts other than Chennai and the Commissioner of Police in the Chennai City. While so, the Government of Tamil Nadu issued G.O.Ms.No.2075 Home (CTS VI) Department, dated 15.09.1984, constituting a directorate of prosecution to function under the administrative control of the Home Department. Accordingly, the Directorate constituted was functioning for some time. But, it was later on wound up due to administrative reasons. Once again, the Government issued G.O.Ms.No.1788, Home dated 30.10.1992, reviving the directorate and also by constituti