Excelsior Correspondent
JAMMU, May 18: State High Court today favoured separation of prosecution from the Police Department as recommended in the Malimath Committee report and expected the State Government will take decision in this regard without further delay.
These observations were made by Justice Hasnain Massodi in a petition challenging the selection of 53 Prosecuting Officers.
According to the petition, Vikas Kant participated in the selection process initiated by the respondents in the year 2003 for making appointments of 53 Prosecuting Officers. However, he failed to find place in the selection list notified by the respondents on September 27, 2003.
Aggrieved over this,Vikas Kant filed petition in the High Court seeking quashment of the impugned selection list of Prosecuting Officers and direction to the State to bifurcate the Prosecution Wing from the Police Department and form a separate and independent Prosecution Wing under the direct control and supervision of the Home Department.
After hearing Senior Advocate P N Raina with Advocate J A Hamal appearing for the petitioner whereas Senior AAG Gagan Basotra for the State, Justice Hasnain Massodi observed, “the petitioner can have no grievance as far as his non-selection is concerned because as per the record made available by Gagan Basotra, Senior Additional Advocate General, he secured less marks (62) than the last selected candidate under his category”.
“Even if, the Selection Committee is held to have unauthorizedly selected 38 candidates under General Category against 29 posts advertised vide advertisement notice dated 05.03.2003, the petitioner would stand nowhere because his merit falls below the 38th candidate in the select list. The petitioner cannot have any grievance regarding selection of respondent No 57 as petitioner applied under General Category whileas respondent No.57 has been selected under Scheduled Caste Category”, Justice Massodi said.
“The grievance with regard to failure on part of the State Government to order separation of Prosecution from the Police Department is genuine. The State Government is expected to be alive to the recommendation in the Malimath Committee report and directions passed by the superior courts from time to time emphasizing need to separate Prosecution from the Police Department”, the High Court said, adding “it is expected that State Government will take decision in this regard without further delay”.
With these observation, the High Court dismissed the petition.
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