AJU MATHEW Vs. STATE OF KERALA

JUDGEMENT

(1.) The manner, modus and approach to the appointment to the posts of Special Public Prosecutors (SPP) under the Protection of Children From Sexual Offences Act, 2012 ('the POCSO' Act) has been called into focus by the appellants and the petitioners in the above two appeals and writ petitions.

(2.) The proximal and immediate cause for the appellants/petitioners to approach this Court appears to be the issuance of an order bearing No. G.O.(Rt)No.2117/2017/Home dated 24.06.2017 by the Government of Kerala relating to the appointment of SPPs in the thirteen Special Courts constituted for each district in Kerala, except Ernakulam under the POCSO Act. This order is available on record as Exhibit P7 in the above writ petitions and as Exhibit R1(c) in W.A.No.2385/2018.

(3.) Through this order, the Government took a decision to make appointment to the posts of SPPs adopting the procedure under section 24(4) of the Code of Criminal Procedure, 1973 as also the Kerala Government Law Officers (Appointment and Conditions of Service) and conduct of Cases Rules ('the KGLO Rules' for brevity). On a reading of this order, it becomes discernible that the Government is under the impression that since no Rules for the appointment of SPPs in the Special Courts under the POCSO Act have yet been framed, such appointments will be better done as per section 24(4) of the Cr. P.C., 1973