S THAMIZHARASAN Vs. STATE OF TAMILNADU

JUDGEMENT

(1.) The legality of the appointment of a Police Officer belonging to Indian Police Service as the Director of Prosecution in the State of Tamil Nadu is challenged in this Public Interest Litigation on the ground that the said appointment is contrary to the mandate of Section 25-A of the Criminal Procedure Code, 1973, (hereinafter referred to as "the Code").

(2.) Prior to the year 1984, the Assistant Public Prosecutors, appointed as regular Government Servants to conduct prosecution in the Courts of Magistrates in the State of Tamil Nadu, were under the supervision and control of the respective District Collectors in the Districts other than Chennai and the Commissioner of Police in the Chennai City. While so, the Government of Tamil Nadu issued G.O. Ms. No. 2075 Home (CTS VI) Department, dated 15.9.1984, constituting a directorate of prosecution to function under the administrative control of the Home Department. Accordingly, the Directorate constituted was functioning for some time. But, it was later on wound up due to administrative reasons. Once again, the Government issued G.O.Ms. No. 1788, Home dated 30.10.1992, reviving the directorate and also by constituting eight Regional Offices with necessary staff. A Special Officer in the rank of Joint Secretary to Government was functioning as Ex-Officio Director of the same. Then the Government issued G.O.Ms. No.570, (Home.Pol.1), Department, dated 17.4.1995 creating a post of Director of Prosecution in the rank of Inspector General of Police. The post was upgraded to the rank of Additional Director General of Police with effect from 27.9.2000, [vide G.O. Ms. No. 2075, (Home.Pol.1) Department, dated 10.10.2000. Now, it is again headed by an Inspector General of Police with effect from 11.10.2007.

(3.) The Government also passed G.O. Ms. No. 308, Home (Courts -VI), Department, dated 18.2.1988 issuing Ad hoc Rules in respect of the appointment and qualification for the post of Director of Prosecution, which reads as follows:- By promotion from the post of Joint Director of Prosecution; or By recruitment by transfer from the post of District Judge Grade I of the Tamil Nadu State Higher Judicial Service; or By direct recruitment from Advocates; or By transfer from the posts of Joint Secretary to Government in having experience in legal matters.