LAWS(APH)-2006-4-12

JONNAKUTI MOKSHANANDAM Vs. STATE OF AP

Decided On April 27, 2006
JONNAKUTI MOKSHANANDAM Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) The writ petitioner who is a practising advocate in the District Courts at Ongole filed this writ petition seeking a declaration that the action of the respondents 1 to 4 in appointing the respondent No.5 as Special Public Prosecutor in the Special Court for trial of cases under The Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 as arbitrary, illegal and violative of Section 24 (8) of the Criminal Procedure Code.

(2.) The facts, in brief, are as under : Under G.O.Ms.No.35, dated 21/4/1999, the Government appointed a retired Judge of this Court as Single Member Commission of Enquiry to enquire into the practice of untouchability and atrocities against the Scheduled Castes and Scheduled Tribes and suggest measures for eradication of untouchability and prevention of atrocities. One of the recommendations made by the said Committee was for preparation of District Panel of Public Prosecutors with eminent senior advocates, who have been in practice for not less than 10 years, in consultation with the Director of Prosecutions and consider to include the retired District Judges and retired Sub-Judges. The said recommendation was accepted by the Cabinet and in terms thereof, G.O.Ms.No.92, dated 3/10/2001, was issued directing the Departments concerned to issue separate comprehensive Government orders on each of the recommendations made by the Committee. So far as the above recommendations are concerned, the Social Welfare Department was directed to issue separate orders and consequently G.O.Ms. No.110, dated 31/10/2001, was issued with certain instructions to the District Collectors and Magistrates to prepare for each district a panel of such number of eminent senior advocates who have been in practice for not less than 10 years for conducting cases in the Special Courts. Simultaneously, the Director of Prosecutions was also directed to prepare a panel of such number of Public Prosecutors for conducting cases in the Special Courts. The said two panels should include the retired Judges and retired Sub-Judges and also advocates of 10 years standing belonging to Scheduled Castes and Scheduled Tribes.

(3.) In pursuance thereof, by proceedings dated 14/6/2002, the District & Sessions Judge, Prakasam District, Ongole had communicated the panel of advocates belonging to Scheduled Caste consisting of the names of the writ petitioner and the 6th respondent herein to the District Collector & Magistrate, Prakasam district, Ongole. In turn, the District Collector & Magistrate, by letter dated 11/11/2002 forwarded the same to the Commissioner of Social Welfare of A.P., Hyderabad to take further action. A copy of the said proceedings was also sent to the Director of Prosecutions, Hyderabad. It appears that the Director of Prosecutions, A.P., Hyderabad, approved the said two names by letter dated 11/2/2004 and consequently the District Collector & Magistrate, Ongole - the 4th respondent herein by proceedings dated 14/3/2004 appointed the petitioner and the 6th respondent as Special Public Prosecutors for conducting cases in Special Courts for trial of SCs/STs Atrocity Cases with immediate effect.