RAGHAVEDRA Y.T. Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners herein are advocates who were appointed as Special Public Prosecutors, on contract basis, under Sec. 32 of the Protection of Children from Sexual Offences Act, 2012 (in short, "the POCSO Act"). They are aggrieved by the order dtd. 24/11/2022, by which the State Government has issued a Notification assigning Public Prosecutors to Special Courts and thereby, nominating the Public Prosecutors as Special Public Prosecutors.

(2.) It is their contention that it is impermissible for the State to appoint regular Public Prosecutors as Special Public Prosecutors under Sec. 32 of the POCSO Act. It is also their case that the tenure of some of the petitioners is still subsisting and they could not, therefore, be displaced by posting regular Public Prosecutors in their place. They contend that by virtue of the order dtd. 24/11/2022, they are sought to be displaced and hence, the same was required to be quashed.

(3.) The petitioners also seek regularisation of their appointment as Special Public Prosecutors.