Andhra Pradesh High Court Calls For State's Response On Plea Challenging Non-Appointment Of Public Prosecutors, Asst Public Prosecutors

While ordering notice and directing the respondents to file their counters, the Division Bench of Chief Justice Dhiraj Singh Thakur and Justice Ninala Jayasurya orally observed:

“This is a relevant issue, Courts are also paralyzed, please file your response.”

The PIL was filed claiming that the respondents had fixed the cadre of the strength of Assistant public prosecutors and Senior Assistant Public prosecutors as 230 and 204, respectively; when there were 300 Magistrate Courts.

It was further contended that no efforts had been taken towards filling up the vacancies of Assistant public prosecutors and other PPs from 'years together', despite there being a huge pendency of almost 3,79,074 pending criminal cases in Magistrate Courts and a total pendency of 4,54,114 criminal cases in Andhra Pradesh.

Directions were also sought to conduct recruitments for the post of Assistant public prosecutors and other PPs regularly and recruit Additional Public Prosecutors and public prosecutors from outside the regular cadre of prosecuting officers.

It was contended that appointing the same officers to the same post again was illegal, arbitrary and in violation of Articles 14,16 and 21 of the Indian Constitution and violation of Section 246 of CrPC and violation of the Andhra Pradesh State Prosecution Rules 1992 and para 6 of the Andhra Pradesh Law Officers Appointment and Conditions of Service Instructions 2000

Consequently, it was also sought to direct the respondents to:

1. Recruit and fill all the vacancies of Assistant public prosecutors and other Prosecutors within 6 months to make sure every criminal court has at least one working Prosecutor and
2. Conduct recruitment for Assistant public prosecutors and other Prosecutors on yearly basis as per note c of para 3 of Andhra Pradesh State Prosecution Rules 1992
3. Fix the cadre strength of Assistant public prosecutors equal to that of the criminal courts i.e., 300 Magistrate Courts
4. Recruit Additional Public Prosecutors and public prosecutors from the regular cadre of prosecuting officers only as per section 246 of Cr P C and not fill the posts by tenure prosecutors.

Case title: Thandava Yogesh vs. State of AP & Ors.

Case number: WP(PIL) 119/2024

Counsel for petitioner: Thandava Yogesh