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2021 Supreme(Online)(KER) 6808

KERALA ASSISTANT PUBLIC PROSECUTORS ASSOCIATION – Appellant
Versus
THE STATE OF KERALA – Respondent


Advocates:
['C P MOHAMMED NIAS', '', 'SRI S AJITH PALAKKAD', 'SRI N MANOJ KUMAR', 'SPL GOVERNMENT PLEADER', 'SHRI B G HARINDRANATH', 'SRI SANTHOSH MATHEW', 'SHRI P VIJAYAKUMAR', 'ASG OF INDIA', 'SRI K SHAJ', 'SRI RAJIV NAMBISAN', 'SRI B MOHANLAL', 'SRI NANDAGOPAL S KURUP', 'SRI UNNI SEBASTIAN KAPPEN', 'SRI P FAZIL', 'SRI V S SREEJITHSMT JAYASREE MANOJSRI SAJU THALIYATHSRI JITHIN PAUL VARGHESE']

JUDGMENT

This writ petition is filed seeking the following prayers:-

“i) declare that Assistant Public Prosecutors/ Deputy Director of prosecution are entitled to be considered as advocates for the purpose of appointment to the post of Special Public Prosecutors in Fast Track Special Courts (Fast Track Special Courts) for expeditious trial of Rape cases and cases registered under POCSO Act proposed to established in the State and further that respondents 1 and 2 are bound to complete the recruitment process under the supervision of the 4th respondent, and in terms of the Protection of Children from Sexual Offences Rules, 2020 alone and not under Section 24 of the Code of Criminal Procedure and Rule 8 of the Kerala Government Law officers (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978;

(ii) issue a writ of mandamus of any other appropriate writ, order or direction commanding respondents 1 and 2 to give adequate representation to senior grade Assistant Public Prosecutors and Deputy Director of Prosecution in the list of Special Public Prosecutors in Fast Track Special Courts (Fast Track Special Courts) for expeditious trial of Rape cases and cases registered un

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