B SUDHA Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is preferred by Ms. B.Sudha, practicing Advocate, Bangalore seeking for a direction to the respondent-authorities to not to proceed with the Scheme for appointment of Special Public Prosecutors (SPPs) in Narcotics Control Bureau issued by respondent no.2 dated 22.02.2019 (Annexure-A) as the same is illegal and arbitrary and also to direct the respondent-authorities to reconsider Proforma-A, Proforma-B, Proforma-C and Proforma-D for appointment as Special Public Prosecutors in Narcotics Control Bureau and thereafter call for applications for the post of Special Public Prosecutors, Narcotics Control Bureau.

(2.) Petitioner, who appears in person, alleged that she is a practicing Advocate vide KAR No.1772/1999 and a permanent member of Bangalore Advocates' Association, High Court unit and she came to know through her Colleague that respondent no.2, by its letter dated 22.02.2019, has approved the Scheme for appointment of Special Public Prosecutors in Narcotics Control Bureau with certain guidelines. According to the party-in-person, the present writ petition is confined to Proforma-C i.e. recommendation of District and Sessions Judge. She contended that the recommendation of District and Sessions Judge for appointment of Special Public Prosecutors in Narcotics Control Bureau is illegal and arbitrary and is nothing but abuse of process and interference of this Court is necessary. She further contended that the act of the respondents insisting Proforma-C is nothing but appointment of Special Public Prosecutors in Narcotics Control Bureau is made based on recommendation by the District and Sessions Judge and not on merits. Therefore, she sought to allow the writ petition as prayed for.

(3.) Per contra, on taking notice to the respondents, Sri B.Pramod, learned CGC submits that the writ petition in the form of PIL is not maintainable merely because the petitioner is a practicing advocate and cannot challenge the same. He further contended that the petitioner has no locus standi seeking for a direction to the respondent- authorities and sought for dismissal of the writ petition.