NEW DELHI: Expressing concern over "deteriorating standard" of public prosecutors, Supreme Court Wednesday said state govts should refrain from appointing them solely based on political considerations. SC said that the office of a public prosecutor is a public office, and only capable and competent lawyers with strong reputation and prestige should be appointed to it. Noting that a prosecutor didn't correct Punjab & Haryana HC when it committed a grave error in convicting three people in a case, SC said, "Such is the standard of public prosecutors in HCs.
.. This is bound to happen when state govts appoint AGPs and APPs based on political considerations.
Favouritism and nepotism are additional factors for compromising merit." TNN SC: State govt owes duty to judge ability of law officers This judgement is a message to all state govts that the AGPs and APPs in respective HCs should be appointed solely on the merit of the person. The state govt owes a duty to ascertain the ability of the person; how proficient the person is in law, his overall background, his integrity, etc," a bench of Justices J B Pardiwala and R Mahadevan said.
"Law officers are one of the important wheels of the chariot, driven by the Judges to attain the cherished goal of human beings to secure justice against the wrong doers. The main object of the state is to curb the crime, investigate and prosecute the offenders and punish them, with a view to maintain law and order, amity and harmony, tranquillity and peace. The various provisions of CrPC and the Rules provide the manner and procedure by which the public prosecutor should be appointed and provide assistance to the courts.
The object of CrPC and the Rules is to appoint the best among the lawyers as the public prosecutor to provide assistance to the court," SC said..
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SC: Prosecutors' quality bad, don't make political picks
The Supreme Court of India has warned state governments against appointing public prosecutors based solely on political considerations. Noting a case where a grave error was not corrected by a prosecutor, the court emphasized that only capable and competent lawyers with strong reputations should be appointed to these crucial positions.