The court affirmed that compliance with consultation requirements between the District Collector and District Judge is essential for appointing Special Public Prosecutors under the POCSO Act.

JUDGMENT

The essential prayer in these writ petitions is with regard to the appointment of Special Public Prosecutor for POCSO cases in the District of Pathanamthitta. It is submitted that applications were invited from qualified advocates practising in the court centres in Pathanamthitta for appointment of full time Special Public Prosecutor in the Special Fast Track Court (SFTC) for POCSO cases set up in the District. The notification was issued by the District Judge, Pathanamthitta on 16.3.2020. It is submitted that the petitioners submitted their application pursuant to the notice inviting application along with their bio-data. It is contended that the District and Sessions Judge, Pathanamthitta finalised the list of 17 advocates and forwarded the panel for appointment. However, it is stated that the new Sessions Judge, who was transferred to Pathanamthitta had prepared another list of 5 persons from which appointments are being made. It is contended in the writ petitions that Section 32 of the POCSO Act lays down the qualification and method of appointment. It is stated that Ext.P5 representation had been submitted by the petitioner in W.P.(C) No.14771/2020 before the Government, but no action had been taken thereon.

2. A statement has been placed on record by the Special Government Pleader stating that applications have been invited from qualified hands for appointment as Special Public Prosecutors in the POCSO Court in Pathanamthitta District. 21 applications were received and the same were forwarded to the District Collector from the Office of the Additional District and Sessions Judge - I, Pathanamthitta. It is submitted that the character and antecedents of the applicants were verified by the District Police Chief and the applications were forwarded to the Government for further action. However, the Additional Chief Secretary to Government as per letter dated 3.6.2020 returned the list requiring the District Collector to have a consultation with the District and Sessions Judge and to forward the panel of advocates, who are in the opinion of the District and Sessions Judge fit to be appointed as Special Public Prosecutors. It is submitted that thereafter, the District Collector had an effective consultation as prescribed under Section 24 (4) of the Code of Criminal Procedure with the District and Sessions Judge on 17.6.2020. It is stated that a special meeting was conducted by the District Judge, Pathanamthitta with the judicial officers including four Additional District and Sessions Judges and the Sub Judge and after a detailed discussion, a panel was prepared by the District Judge and forwarded to the District Collector, which was forwarded by the District Collector to the Government on 18.6.2020. It is submitted that the contention of the petitioners that the first list of 17 members was scrapped and that a second list was prepared without including the petitioners is incorrect and that the only list sent up after due consultation was the list of five advocates forwarded after due consultations between the District Judge and the District Collector. The learned counsel for the petitioners thereafter submitted documents to show that replies were received under the Right to Information Act to show that two lists had, as a matter of fact, been prepared. A copy of Ext.P10 notification dated 5.8.2020 appointing Sri.Kiran Raj as Special Public Prosecutor in the Fast Track Special Court, POCSO cases, Pathanamthitta has also been produced and sought to be challenged by the petitioners.

3. A further memo has been placed on record by the learned Special Government Pleader pointing out that a list of 21 applicants had been initially forwarded without verification by the District Judge to the District Collector, which had, in turn been forwarded to the Government. It is submitted that thereafter, on receipt of the intimation from the Additional Secretary to Government, proper consultations had been carried out on 17.6.2020 an