"Public Prosecutors Hobnobbing With Politicians" : Himachal Pradesh HC Orders Them To Take Refresher Course On Ethics, Morality

Making a stern observation that the Public Prosecutors are shamelessly hobnobbing with the politicians, the Himachal Pradesh High Court recently directed all the state Public Prosecutors inducted in service over the last 15 years to undergo a refresher course on ethics and morality.

The bench of Justice Tarlok Singh Chauhan and Justice Chander Bhusan Barowalia also stressed that the working of the prosecutors has to be free from any executive or political interference and added that if prosecutors compromise with their office, its rippling effects would be both disastrous as well as deleterious

"The concept of independence of Prosecutors being a wider concept indicates an independent functioning of every Prosecutor free of fear, interference and breaches. Therefore, the conduct of every Prosecutor should be above reproach. He should be conscientious, studious, thorough, courteous, patient, punctual, just, impartial, sans political or partisan influences. He should deal with his appointment as a public trust and should not allow other affairs or private interests to be interfered with his official duties, nor, he should administer the office for the purpose of advancing his personal ambitions or increasing his popularity," the Court further remarked. 

The Court was essentially dealing with a plea moved by a prosecutor (Tarsem Kumar) challenging the transfer of another prosecutor (Shikha Rana) claiming that the same was obtained the same on the basis of a Demi-Official (DO) note signed by a local Member of Legislative Assembly (MLA).

On the other hand, during the course of the hearing, the Court was informed that the petitioner himself had got his transfer canceled through Demi-Official (D.O.) Note issued by the local M.L.A and thereafter, secured his transfer on such a DO.

In view of these circumstances, the Court noted that a criminal case is pending against one of the M.L.A.s, who issued a D.O. Note in favor of the petitioner in that very Court where the petitioner had been posted.

This fact made the Court wonder thus:

"Whether with these falling standards can the public repose any trust or confidence on the Prosecutor as being fair and impartial as against the standards as are expected of a Public Prosecutor. We leave it as that"

Consequently, the Court canceled the transfer orders of both the petitioner as well as a private respondent, who were transferred to Kangra district by different MLAs by issuing DOs.

However, the Court did stress the independence of such public prosecutors, the Court observed that the Public Prosecutor is expected to be scrupulously fair and completely detached without evincing any anxiety while performing his duties and that the expected attitude of the Public Prosecutor while conducting prosecution must be couched in fairness not only to the Court and to the investigating agencies, but to the accused as well. 

Underscoring that the working of the Public Prosecutor is intrinsically connected with the Court and is not a part of the investigating agency and is rather an independent statutory authority, the Court directed thus:

"...henceforth no Public Prosecutor, Assistant District Attorney and District Attorney shall be transferred on the basis of the D.O. Notes and their transfers shall be effected strictly in accordance with the Comprehensive Guidelines, 2013, for regulating the transfers of the employees, that too, only by the Administrative authority." 

Lastly, noting that the Public Prosecutors, who are now being inducted in service, are not at all aware of the status they hold and the conduct and behavior that is expected of them by virtue of their office alone, the court directed thus:

"...let all the Public Prosecutors inducted in service over the last 15 years, irrespective of their ranks as A.P.P. or P.P., undergo a refresher course designed, laying special emphasis on ethics, morality and conduct expected of a Public Prosecutor in the Himachal Pradesh Judicial Academy, Shimla."

The Court directed that such courses be designed by the Director, Himachal Pradesh Judicial Academy, within a period of four weeks and thereafter the Assistant Public Prosecutors/Public Prosecutors be provided training/ refresher courses on a batch-wise basis stretched over a period of two months.

Case title - Tarsen Kumar vs State of Himachal Pradesh

Case Citation: 2022 LiveLaw (HP) 17

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