BAPI DEY Vs. STATE OF TRIPURA

JUDGEMENT

(1.) By means of this writ petition, the petitioner has challenged the advertisement dated 01.05.2020 (Annexure-11 to the writ petition) issued by the District Magistrate and Collector, Gomati District (the respondent No. 3). From reading of the reliefs as made in the writ petition, it appears that the challenge is confined only to one post of Assistant Public Prosecutor. Further, the writ of prohibition has been asked for prohibiting the respondents from including one post of Assistant Public Prosecutor (APP in short) in the courts of Judicial Magistrate under Gomati District in the said process, as initiated by the advertisement dated 01.05.2020.

(2.) There is no dispute that the petitioner has been holding position of APP by virtue of the notification under No.F.5(7)- Law/LR-1/2018/2020-50 dated 06.03.2020 (Annexure-10 to the writ petition). From the bare reading of that notification dated 06.03.020, it would be apparent that such appointment under section 25(1) of the CrPC was made in compliance to the judgment dated 06.01.2020 delivered in WP(C) 991 of 2018. In that writ petition the core issue that has been decided by a division bench of this court is that whether the state is free to choose the lawyers irrespective of their merit for appointing as Public Prosecutors, Addl. Public Prosecutors and APPs. It may be pertinent to note that previous to the said controversy, this High Court had in a public interest litigation being WP(C) PIL No.20 of 2015, occasion to examine the process by which the panel of APPs in terms of Section 24(4) of the CrPC is prepared. By the order dated 28.09.2015, in WP(C) PIL No. 20 of 2015, it has been made absolute clear that those post of APP are very sensitive in nature and accordingly a detailed affidavit on certain delineated queries was sought from the state government. Even the Sessions judges were asked to file affidavit in respect of the consultation process and also on what kind of information that is provided to the Sessions Judges at the time of consultation or what other materials they do take into consideration for assisting their concurrence etc.

(3.) Finally, in the midst of the proceeding, the Government of Tripura published a detailed notification dated 28.09.2016 laying the guidelines for appointment of APPs for conducting cases, which is still in force. In the said guidelines the state government has made provisions in respect of qualification, other eligibility criteria, formation of selection committee, assessment of merit and procedure for interview as follows: