Without Revoking Appointment of APP, Govt's Action In Just Directing Special PP To Appear In Case Doesn't Appear Just, Proper & Correct: Rajasthan HC

The court noted that the State Government after having taken into consideration the special circumstances of the present case, had appointed Shri Shreejee Bhavsar to appear as Special Public Prosecutor in the case vide order dated 28.03.2018. The court added that while this order is still in force, a direction has been issued to transfer the files of this case to Shri Prem Singh Panwar who is regularly appointed Additional Public Prosecutor in the court of Additional Sessions Judge (Women Atrocities Cases), Udaipur.

Justice Vinit Kumar Mathur, while allowing the writ petition, observed,

"The action of the State Government in just directing the Special Public Prosecutor to appear in the case after taking the files from Shri Shreejee Bhavsar, does not appear to be just, proper and correct. More particularly, when the order of appointment of Shri Shreejee Bhavsar dated 28.03.2018 has not been revoked."

The court quashed the order passed by respondent no.1-Secretary to the Government, Govt. of Rajasthan, Department of Law and allowed Shri Shreejee Bhavsar to appear in the case in pursuance of the order issued by the State Government on 28.03.2018.

In addition to this, the court ordered,

"It is made clear that if, the State Government revokes the order dated 28.03.2018 (Annex.1), then Shri Shreejee Bhavsar shall not appear in the case as Special Public Prosecutor and the State will be free to appoint any appropriate counsel to represent the State in this case before the court of Additional Sessions Judge (Women Atrocities Cases), Udaipur."

Essentially, the present writ petition has been filed against the order dated 30.01.2019 passed by respondent no.1, whereby, the file of Sessions case arising out of the an FIR was transferred to Shri Prem Singh Panwar, who is the regular Additional Public Prosecutor in the Court of Additional Sessions Judge (Women Atrocities Cases), Udaipur.

The petitioner's counsel submitted that Shri Shreejee Bhavsar was appointed as Special Public Prosecutor taking into consideration the special circumstances of the case and while he was conducting the case, the files have been ordered to be transferred to Shri Prem Singh Panwar who is working as the Additional Public Prosecutor without revoking the order in favour of Shri Shreejee Bhavsar. He, therefore, prayed that this writ petition may be allowed and Shri Shreejee Bhavsar may be allowed to continue to appear in the case as Special Public Prosecutor.

The Public Prosecutor submitted that it is the prerogative of the State Government to appoint the regular Public Prosecutor for taking care of the best interest of the State Government. He further submitted that if Shri Prem Singh Panwar is allowed to contest the matter, no prejudice will be caused to the petitioner.

In their reply, respondents also stated that Shri Prem Singh Panwar is a regularly appointed Public Prosecutor and he is a competent person to represent the case before the learned trial court. The appointment of Shri Prem Singh Panwar is in consonance with the provisions of law.

Adv. Sanjay Mathur assisted by Adv. Sachin Mathur appeared on behalf of the petitioner while PP S.K. Bishnoi and Adv. Anil Josh appeared on behalf of the respondents.

Case Title: Neeraj Jain v. State Of Rajasthan & Ors.

Citation: 2022 LiveLaw (Raj) 147