MALLIKA Vs. UNION OF INDIA

JUDGEMENT

(1.) The writ petition raises a question of vital importance pertaining to legal assistance being provided in a matter arising out of the Prevention of Atrocities of Scheduled Caste and Scheduled Tribe as to the level of competence of a lawyer to be engaged for conducting a case on behalf of the prosecution so as to protect, not only the sanctity of the procedure, but also to ensure that justice is ultimately meted out to the victim. It is in this background and keeping in view the provisions that are involved and are called upon for interpretation in the present proceedings, that have impelled us to entertain this petition. In spite of a considerable lapse of time and realising the importance of the issue, we had passed the following order on 24.02.2020:

(2.) We have heard learned counsel for the respective parties including the learned counsel for the State.

(3.) We find from the record that interim directions were issued, keeping in view the question raised and the urgency of the situation, on 10.09.2008. The order passed by the learned Single Judge is extracted hereinunder: