(1.) THIS revision petition has been filed by the petitioner, M. D. Sigamani, against the order of the District Magistrate, Coimbatore, permitting the Additional Public Prosecutor, Coimbatore, Sri R. S. Gopal to appear for accused 13, and Assistant Public Prosecutor -I for the Jail Department accused and Assistant Public Prosecutor -II for the other police accused, in C.C. 145 of 1966 on his file. The accused in the said case appear to be officials.
(2.) SO far as the appearance of the Additional Public Prosecutor is concerned, I do not think that any permission is required for him to appear before the District Magistrate, if the Government permit him to do so during the period he serves as Additional Public Prosecutor for the State. An Additional Public Prosecutor by virtue of his position as a Public Prosecutor appointed by the Government for a specific period and for specific Courts does not cease to be an Advocate. There is no prohibition for an Advocate to appear for any party in any case if he can satisfy the Court before which he appears that he is an Advocate as defined under the Advocates Act.
(3.) THIS matter is sent back to the District Magistrate, Coimbatore, to re -consider whether the Assistant Public Prosecutors -I and II should be permitted to appear for the defence. In doing so, as pointed out by me, he should not be influenced by the fact that the Collector or the Government had authorised the Assistant Public Prosecutors to appear for the accused. But he must come to his conclusion independently whether such permission should be granted, and if so, should give reasons therefore in writing. The District Magistrate will dispose of the matter according to the directions given in this order. Orders passed accordingly.