Appointment Of Public Prosecutors: SC Frames Issues For Final Hearing [Read Order]

A Supreme Court Bench of Justices Deepak Gupta and Aniruddha Bose has framed the questions for final hearing on the issue concerning the appointment of Public Prosecutors/Assistant Public Prosecutors.

The Writ Petition was filed by All India Prosecutors Association and another.

The Bench has framed the following issues;

1. Whether the word 'may' in sub-section 1 of Section 25A of the Criminal Procedure Code, 1973 should be read as 'shall' and if so, is it mandatory for each State to establish a directorate of prosecution in terms of Section 25A?

2. Whether Section 24(6) of the Criminal Procedure Code, 1973 envisages that there should be a regular cadre of Public Prosecutors/Additional Public Prosecutors/Assistant Public Prosecutors? If so what should be the mode of recruitment for such officers?

3. If question No. 2 is answered in the negative, whether there is a need to have, as far as possible, a uniform system for appointment of Public Prosecutors/Additional Public Prosecutors/ Assistant Public Prosecutors all over the country?

4. Whether the posts of Public Prosecutors/ Additional Public Prosecutors/Assistant Public Prosecutors should be completely independent and not be answerable to the Police in their functioning?

5. Whether the amendments by the States to Section 24(6) and Section 25(2) of the Criminal Procedure Code, 1973 are ultra vires of the Criminal Procedure Code, 1973 and the Constitution of India?

6. What are the minimum facilities that need to be provided to Public Prosecutors/Additional Public Prosecutors/Assistant Public Prosecutors to enable them to perform their duties effectively?

The Supreme Court will hear the Case issue-wise.

The first to issues will be considered on February 26th.

Read The Order