No Notification U/S 18 BNSS For Appointing Prosecutors: HC Directs Registry Not To List Criminal Appeals Till Counsels For Punjab Are Notified
The Punjab & Haryana High Court has directed the registry not to list the criminal appeals till the Punjab Government notifies the list of Public Prosecutors in terms of Section 18 of the BNSS, 2023.
According to Section 18 of the BNSS, for every High Court, the Central Government or the State Government shall, after consultation with the High Court, appoint a Public Prosecutor and may also appoint one or more Additional Public Prosecutors, for conducting in such Court, any prosecution, appeal or other proceeding on behalf of the Central Government or the State Government.
Justice Sanjeev Prakash Sharma and Justice Sanjay Vashisth said, "From the perusal of the concerned provisions of the Act (Section 18 BNSS), it is apparent that in the absence of notification and nomination in terms of the aforesaid Section, no counsel can appear and argue criminal cases especially appeals which are in continuation of trial. The criminal appeals would therefore be adjourned till counsel are duly notified in terms of Section 18 of the BNSS Act, 2023."
The division bench further added that, "it is expected that steps shall be taken by the State of Punjab to notify the public prosecutors in terms of Section 18 of the BNSS Act, 2023 as soon as possible, as the same is halting the adjudication of the criminal appeals."
While hearing a criminal appeal, the Court noted that in the previous hearing, the case was adjourned so that the States may assist the Court through a public prosecutor in terms of Section 24 Cr.P.C. (now Section 18 of the BNSS, 2023).
However, in the present hearing the State Counsel for the Punjab Government "expressed inability to assist in terms of Section 18 of the BNSS Act, 2023, as there is no notification issued till date."
Counsel appearing for the State of Haryana stated that a list of counsel is being prepared by the Advocate General, Haryana for being notified as public prosecutor and Additional Public Prosecutor under Section 18 of the BNSS, 2023.
The division bench said that the Copy of the order be sent to the Registry to not list criminal appeals before the Court till a list of counsel appearing for the State of Punjab was notified.
It further directed the registry to send the order to AG Haryana to list all the criminal appeals of the State of Haryana, which can be taken up for hearing or for suspension of sentence application, as only 11 advocates have been notified so far.
Mr. Rana Gurtej Singh, Advocate (Amicus Curiae).
Mr. H.S.Deol, Sr. DAG, Punjab.
Mr. Sharan Sethi, Addl. A.G.Haryana.
Title: PATIALA JATINDER SINGH @ SONU v. STATE OF PUNJAB