Excelsior Correspondent
NEW DELHI, Jan 30: The Supreme Court today sought the response of the Central and Jammu & Kashmir (J&K) Governments to a plea challenging the appointment of police personnel as public prosecutors in the Union Territory (UT) of J&K.
The petition was filed by one Amit Pathania through advocate Anupam Raina against September 2022 order of the Jammu and Kashmir High Court, dismissing the petition.
A bench of Justices MR Shah and CT Ravikumar issued the notice to the respondents.
A government order of November 2019,and subsequent notifications, had sanctioned the creation of a Directorate of Prosecution in the UT, comprising gazetted and non-gazetted police personnel.
This is against the provisions of the Criminal Procedure Code (CrPC) as well as the concept of a free trial, since the minimum requirement of seven years litigation experience as an advocate is effectively dispensed with, it was contended.
The plea also stated that the respondents exercised their powers in an unlawful, unconstitutional and arbitrary manner one day before the CrPC was set to come into effect in the UT.
The erstwhile State was earlier following the Ranbir Penal Code and associated codes in line with the Indian Penal Code and the CrPC.
There exist no statutory provisos to enable such appointments particularly considering the lack of concurrence of the Chief Justice, the petitioner stressed.
It was also submitted that the High Court did not discuss the petitioner’s arguments in its order.
Advocates Anupam Raina, AP Singh and Sunando Raha appeared for the petitioner.
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