MUKUL DALAL Vs. UNION OF INDIA

JUDGEMENT

(1.) Special leave granted in each of the three cases.

(2.) The impugned appointments have been made either in exercise of powers under section 24 or section 25 of the Code of Criminal Procedure of 1973. Section 24 deals with Public Prosecutors while section 25 makes provision for Assistant Public Prosecutors. While sub-section (1) of section 24 enables the Central Government or the State Government to appoint a Public Prosecutor or an Additional Public Prosecutor for the purposes of High Courts, sub-section (2) makes provision for appointment of one or more Public Prosecutors for the purposes of conducting of case in any district or local area and sub-sections (4), (5), (6) and (7) deal with the modality of such appointments, sub-section (8) provides:-

(3.) Challenge by the appellants to the notifications in question is on the ground that the Code confers a special status on the Public Prosecutor; wherever it has been considered necessary, law has prescribed the interest to be represented by the Public Prosecutor and it would not be in proper exercise of power by the State Government to make appointment of a Special Public Prosecutor to support a private transaction and provide for his remuneration from private source. The High Court referred to some decisions of the different courts supporting and opposing the view canvassed before it and came to hold :-