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| DB directs State to file status report of working committee | | PIL regarding vacant posts of PP/APP | | ET Report
Jammu, Nov 7: A Division Bench of State High Court Comprising Chief Justice MM Kumar and Justice Hasnain Massodi today in a Public Interest Litigation filed by Rufi Khan & Ors final year students of Graduation in Law, University of Jammu seeking effective prosecution of criminal trials particularly involving capital sentence and life imprisonment with a view to prevent crime, convict the offenders and to make punishments a real deterrent, directed Senior Additional Advcoate General Gagan Basotra appearing for the state to file reply to the suggestions made by counsel along with status report of the working of the committee, which was appointed according to the Senior AAG headed by Advocate General to suggest way and means to attract better quality Prosecution Officers and others like Public Prosecutors. However, he is not in a position to apprise the Court the stage of the deliberations of the Committee. This significant order written by Chief Justice MM Kumar for the Division Bench after hearing Adv Rohit Kapoor with Adv Nadia Qadir appearing for the PIL whereas Senior Additional Advocate General Gagan Basotra appearing for the state observed that a cognate issue has also been raised with regard to the appointment of Law Secretary, Member-Secretary of Legal Service Authority and others by placing reliance on the resolution passed in April,, 2013 in the Chief Ministers and Chief Justices conference at Delhi.
However, Counsel for the PIL seeks time to challenge the order of the State Government with regard to maintaining status quo. He may file appropriate application by challenging the decision of the State Government of maintaining status quo with regard to continuation of Law Secretary and others. During the course of arguments counsel for the petitioners has pointed out that suggestions have been made in the application, which include separation of investigation and prosecution department at every level. There are further suggestions that the service condition of the public prosecutors need to be revisited in consultation with the judiciary as it is an important stake holder. The selection procedure should be devised to attract only individual of integrity and ability.
Before admitting them to the profession appropriate training should be imparted to them and placed reliance on the recommendations made by the Law Commission in its 197th report and judgment of the Supreme Court in S.B.Sawhney v. State of Maharashtra. According to counsel, the fallout of not having a parallel provision to Section 24 of the Code of Criminal Procedure 1973 on the statute book of J&K it has been felt within these jurisdiction that no guidelines are followed for ensuring people of integrity and competence to join the profession. Copy of these comprehensive suggestion alongwith copies of 197th report of the Law Commission has already been handed over to Senior AAG Gagan Basotra. JNF |
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