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PIL for appointing PP on judges' recommendations
HC issues notice to Govt
7/23/2015 11:40:00 PM
Early Times Report

Srinagar, July 23: The state High Court today issued a notice to government, seeking response on a Public Interest Litigation on appointment of Public Prosecutors in Jammu and Kashmir on the recommendation of sessions' judges. A division bench of the court comprising Chief Justice N Paul Vasanthakumar and Justice Hasnain Massodi asked the government to file the response within four weeks
Referring to the Supreme Court of India's judgment on 23 January 2013 in case Thana Singh Vs Central Bureau of Narcotics, petitioner Advocate Allaudin Ganai submitted that the apex court has observed that public prosecutor play the most important role in the administration of justice. "Their quality is thus of profound importance to the speed and outcome of trials… we direct that the District and Sessions Judge shall make recommendations for such appointment in consultation with the Administrative Judge/Portfolio Judge/ Inspecting Judge, incharge of looking after the administration of the concerned Sessions Division," the apex court has said. "The appointment of PPs should be purely based on the merit and not on any other consideration including political," he said, adding that it was unfortunate that in J&K merit is not preferred while Public Prosecutors are appointed on political considerations "which has the tendency to create miscarriage of justice." He said the government till date has not made any policy or guidelines regarding the appointment of Public Prosecutors. "In our State, most junior lawyers having no experience in conducting criminal trials before Sessions Court are appointed as Public Prosecutors on political considerations which is not healthy sign in administration of criminal justice in the State."He said that the government was bound to protect the life, liberty, property and honour of every citizen and various penal laws have been enacted in the state to achieve the purpose.
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