Excelsior Correspondent
JAMMU, Nov 7: Division Bench of State High Court comprising Chief Justice MM Kumar and Justice Hasnain Massodi today directed the State to file status of a committee constituted by the State Government to suggest ways and means to attract better quality Prosecution Officers and reply to the suggestions made in this regard.
These directions were passed by Division Bench in a Public Interest Litigation (PIL) filed by Rufi Khan and other law students of 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.
When the PIL came up for hearing, Senior Additional Advocate General, Gagan Basotra appearing for the State submitted that a committee headed by Advocate General has been constituted to suggest way and means to attract better quality Prosecution Officers. He, however, stated that he was not in a position to apprise the Court about the stage of the deliberations of the committee.
On this, Advocate Rohit Kapoor along with Advocate Nadia Qadir appearing for the PIL submitted that he has suggested 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”, he said, adding “the selection procedure should be devised to attract only individual of integrity and ability”.
He placed reliance on the recommendations made by the Law Commission in its 197th report and judgment of the Supreme Court in S B Sawhne Versus State of Maharashtra. He also drew the attention of the Division Bench towards the resolution passed in Chief Justices and Chief Ministers Conference held in April this year whereby it was stated that even Law Secretary should be a District and Sessions Judge.
After hearing counsels for the PIL and Senior Additional Advocate General Gagan Basotra for the State, the DB observed, “an 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”.
“The Counsel for the PIL has sought time to challenge the order of the State Government with regard to maintaining status quo (against implementing the resolution). 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”, the DB said.
Trending Now
E-Paper
Follow our WhatsApp channel