GIRISH MANUBHAI DAS Vs. HIGH COURT OF GUJARAT

JUDGEMENT

(1.) The present petition under Article 226 of the Constitution of India is filed for the purpose of seeking the following reliefs :-

(2.) The case of the petitioner is that the petitioner himself is a practicing lawyer of this Court since the year 1999 and has been aggrieved by the alleged conduct on the part of respondent no. 2 in arguing the case before this Court. It is alleged in the petition that with utter disregard to the rule of law and by throwing into the wind the Apex Court's verdict, respondent no. 5 who is an Additional Public Prosecutor of this Court has recklessly advanced the arguments before this Court and has lie with impunity and that too without reading the judgment. It has been alleged that he was predetermined to see that the petition filed by the petitioner may be dismissed at any cost and such behaviour on the part of respondent no. 5 as according to the petitioner is reckless, unpardonable, entails stern action for more than one reasons and as such by making the same assertions on oath, the petitioner has invoked extra ordinary jurisdiction of this Court for seeking the reliefs as stated above,

(3.) Mr. Girish M. Das, learned advocate, who is petitioner himself has contended that respondent no. 5 has not assisted the Court properly and was predetermined and as such, his behaviour should be deprecated and on the contrary, has gone to the extent that the appointing authority has to recall his appointment or discontinue him from the office of the learned Additional Public Prosecutor. To advance his contentions and to support the same, learned advocate Mr. Das has relied upon few decisions of the Apex Court and by making averments in the petition has ultimately requested that respondent no. 5 be discontinued from his position as learned Additional Public Prosecutor. Apart from that, has also demanded to preserve the hearing of Special Criminal Application no. 7855 of 2020 which was dealt with by the co-ordinate Bench of this Court and has then went on submitting that some stern action be taken against respondent no.