Excelsior Correspondent
Srinagar, Feb 18: High Court has sought reply from the Home Department on creating a separate prosecution wing for prosecution service in J&K.
HC was hearing the PIL challenging therein the Government order where-under a separate prosecution wing has been created. The aggrieved persons through their advocates contended before the court that the prosecution service so created by the notification consists of members of J&K police (Gazetted) known as prosecution wing and prosecuting officers (Non Gazetted) as its members and these persons are not eligible for appointment as Prosecutors in view of Section 24(7) of CrPC.
The Division Bench of Chief Justice Pankaj Mithal and Justice D S Thakur in view of dispute raised in the petition sought reply from the authorities and directed for filing the same with a month.
It has been submitted that the law provides that a person is eligible for appointment of Public Prosecutor (PP) or Additional Public Prosecutor (APP) only if he has been in practice as an advocate for not less than seven years.
However, the Government counsel has drawn the attention of the court to sub Section 9 of Section 24 of the CrPC and submitted that in view of the said section a person who had been in service as PP or APP or Assistant PP shall be deemed to be in practice as an advocate and therefore, the police officers who were working as Pos with a degree of Law would be covered and eligible for the appointment.
To rebut the arguments of Government counsel, petitioners while referring J&K Prosecution Service Rules submitted that these rules provide for appointment of POs by direct recruitment from amongst the persons possessing Bachelor of Law (LLB) degree from Law University.
The said rule, they argued completely ignores seven years of practice as stipulated under sub rule 7 of section 24 of CrPC and as in conflict with the code of criminal procedure. “In view of the aforesaid facts and circumstances, we deem it proper to call for a reply from the respondents”, DB said.
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