OMANAKUTTAN NAIR Vs. STATE OF KERALA

JUDGEMENT

(1.) THESE five writ petitions, though from different districts, raise same issues of facts and law, and hence, they can be conveniently disposed of by a common judgment.

(2.) THESE petitions are filed in public interest by the petitioners who are practising advocates in different districts of thiruvananthapuram, Ernakulam, Wayanad and Trissur. The petitions impugn R. 7 and 8 of the Kerala Government Law Officers (Appointment and Conditions of service) and Conduct of Cases Rules, 1978 as also the Kerala Government Law officers (Appointment and Conditions of Service) and Conduct of Cases (Amendment) Rules, 2002.

(3.) THE petitioners contend that S. 24 of the Code of criminal Procedure, 1973 envisages the appointment of Public Prosecutors at the level of the High Court or in every District for conducting prosecutions before the courts. Sub-s. (3) of S. 24 enjoins that, for every district, the State government shall appoint a Public Prosecutor and may also appoint one or more additional Public Prosecutors for the district. Sub-ss. (4) to (7) of S. 24 of the Code dealing with the manner of appointment of Public Prosecutors read as under: " (4) THE District Magistrate, shall, in consultation with the Sessions Judge, prepare a panel of names of persons, who are, in his opinion fit to be appointed as Public Prosecutor or Additional Public prosecutors for the district. (5) No person shall be appointed by the State Government as the Public Prosecutor or Additional Public Prosecutor for the District unless his name appears in the panel of names prepared by the District magistrate under sub-s. (4 ). (6) Notwithstanding anything contained in sub-s. (5), where in a State there exists a regular Cadre of Prosecuting Officers, the state Government shall appoint a Public Prosecutor or an Additional Public prosecutor only from among the persons constituting such Cadre: Provided that where, in the opinion of the State government, no suitable person is available in such Cadre for such appointment that Government may appoint a person as Public Prosecutor or Additional Public prosecutor, as the case may be, from the panel of names prepared by the district Magistrate under sub-s. (4 ). (7) A person shall be eligible to be appointed as a public Prosecutor or an Additional Public Prosecutor under sub-s. (1) or sub-s. (2) or sub-s. (3) or sub-s. (6), only if he has been in practice as an advocate for not less than seven years. "