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DB issues notice in PIL against establishment of Directorate of Prosecution
11/6/2019 9:46:26 PM
Early Times Report

Jammu, Nov 6: In the PIL seeking quashment of Govt Order No 1104-Home of 2019 dated 30-10-2019, passed by respondent No 3 whereby sanction was accorded to the establishment of Directorate of Prosecution by creating separate prosecution service to be known as "J&K Prosecution Service" in so far as it comprises the members of J&K Police (Gazetted) service (Prosecution wing) and Prosecuting officers (Non-Gazetted) as its members, also seeking qaushment of Govt Order No 01-Home of 2019 dated 31-10-2019 whereby former members of J&K Police Gazetted Service (Prosecution Wing) have been engaged as Deputy Director(s) (Prosecution) after the establishment of Directorate of Prosecution vide order dated 30-10-2019, passed by Respondent No. 3.
In the PIL petitioner also sought quashment of Notification dated 31-10-2019 being S.O. 05- whereby Chief Prosecuting Officer(s) of the "J&K Prosecution Services" have been engaged as Public Prosecutor(s)/Additional Public Prosecutors for conducting Criminal cases in the courts of J&K and Notification dated 31-10-2019 being S.O.06- whereby Senior Prosecuting Officer(s) and Prosecuting Officers of the "J&K Prosecution Service" have been engaged as Assistant Public Prosecutors for conducing criminal cases in the Magisterial Courts including courts of Chief Judicial Magistrate and Sub-Judges in the Union Territory of Jammu and Kashmir.
A Division Bench of State High Court comprising Chief Justice Gita Mittal and Justice Rajesh Bindal after hearing Adv AP Singh for the petitioners issued notice to respondents to show cause as to why the writ petition be not admitted to hearing.
AAG Raman Sharma accepts notice on behalf of the respondents and prays for time to file counter affidavit. DB directed the same be filed within four weeks. Rejoinder, if any, shall be filed before the next date.
--JNF
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