Kerala High Court Stays Lakshadweep Order Directing Assistant Public Prosecutor To Do Legal Work At Secretariat

A Division Bench of Justices K Vinod Chandran and MR Anitha issued the Order in response to Public Interest Litigation on Tuesday. The PIL alleges that prosecutors were being called away to do legal work at the Secretariat. Specifically, a recent order of the Additional District Magistrate was referred.

Justice Vinod Chandran, speaking for the Bench stated that the Court had been informed by a Sub-Judge that prosecutors were deputed to the capital of Lakshadweep (Kavaratti Island) and directed to vet charges.

"In the circumstances, there have been no cases posted for trial after the reopening of the courts. We are of the prima facie opinion that the prosecutors appointed for the functioning of the courts are to be posted in the islands...," the Court made clear.

During the hearing, Justice Vinod Chandran orally told the Counsel for the Lakshadweep Administration that the affairs in the Island were being noticed by the Court.

"You know what is happening in Lakshadweep. Not about this (issue), on the judicial side…from the newspaper reports and all that…On the judicial side, I have warned you once. I am the judge in charge of the administration there…," the Judge sternly said.

"The action of the officials temporarily removing the Assistant Public Prosecutor from courts work until further orders will adversely affect the Criminal Justice System in Lakshadweep"

The petition filed by a native of Lakshadweep, Mohammed Saleem KP, through Advocate R Rohith, describes the Additional District Magistrate's Order as a rampant abuse of power and an absolute failure of the justice delivery system, particularly the island's Criminal Justice System.

Referring to the Additional District Magistrate's order summoning the prosecutor to Kavaratti, the petitioner states that the Lakshadweep Administrator had not ensured the appointment of an appropriate person in Amini Island, place of the person summoned to Kavaratti.

The petitioner also alleges that persons working as Assistant Public Prosecutors at Andrott and Amini Islands of Lakshadweep were directed to work on the affairs of other legal work of several departments, including preparation of charge sheet to help the police department.

This, it is further averred, was leading to a situation where five criminal trials in Lakshadweep were deferred solely because the Additional/Assistant Public Prosecutors were summoned by the Administration to do their legal work. Significantly, the petitioner avers that in many of these trials, witnesses were summoned from all of the islands as well as the mainland.

It is reliably understood that for the last four months no criminal trial is completed in Chief Judicial Magistrate Court, Lakshadweep due to the absence of Assistant Public Prosecutor in trial proceedings. Now the Assistant Sessions Court, Amini / Chief Judicial magistrate Court, Amini is unable to take criminal trials. In the month of March 2021, five scheduled criminal trials were postponed solely because the Assistant Public Prosecutor of Amini was at Kavaratti for other official works. This was ignoring the fact that the witnesses who were summoned from different islands and mainland were present for attending the trial. It is humbly submitted that the Assistant Sessions Court / Chief Judicial Magistrate Court, Amini needs full time Additional public Prosecutor and Assistant Public Prosecutor.

Describing the situation as an instance of the administration "giving less importance" to the due process of Judicial System in Lakshadweep, the plea underscores that the same cannot be tolerated.

The specific order under challenge, which directed the Assistant Public Prosecutor of the Island of Amini to report to the Secretariat, was made to legalise the illegalities, the petitioner claims.

"This kind of treatment of Lakshadweep Administration towards Assistant Public Prosecutor will result in loss of the confidence of a common man towards the independence of the Assistant Prosecutors, which is also an essential feature of fair trial", it is alleged.

It is pointed out that the Union Territory of Lakshadweep does not have a regular cadre of prosecuting officers. Even though there is a recruitment rule called Laccadive Minicoy and Amini Islands (Recruitment to the post of Assistant Public Prosecutor) Rules, 1970 pertaining to the appointment of Assistant Public Prosecutors, the Administration was appointing prosecutors on contract basis appointment.

"An independent department of prosecuting officersas per the decisions of Hon'ble Supreme Court must be an essential part of Justice delivery system. No action has been carried out by the Lakshadweep Administration for creating a cadre of prosecuting officers," it is asserted.

Citing this reason, the petitioner seeks the establishment of a regular cadre of prosecutors in accordance with law.

Additionally, the petitioner seeks –

• A direction to the respondents to issue an order to appoint Assistant Public Prosecutor on regular basis for the judicial functions of Courts in Lakshadweep.
• A declaration that the Additional District Magistrate's order is illegal and unjust and setting the same aside.

In the interim, the petitioner prays that for a direction to the respondents to ensure the presence of Assistant Public Prosecutor at Chief Judicial Magistrate Court, Amini on all working days of the Court.