PALLAVI PHUKAN Vs. STATE OF ASSAM AND ORS.

JUDGEMENT

(1.) Ms. P Phukan, petitioner-in-person.

(2.) Mr. RKD Choudhury, learned Additional Senior Advocate General, Assam and Ms.J Rajkumari, learned Government Advocate, Assam for the Respondents. In the present Public Interest Litigation, the main prayer of the petitioner is for a direction against Respondent Nos.1 and 2 to appoint Director of Prosecution as provided under Section 25 A of the Code of Criminal Procedure, 1973 ( in short "Code"). Section 25 A of the Code reads as under:

(3.) It was on the recommendation made by the Law Commission in its 14th Report on Judicial Administration to separate Prosecuting Agency from Police Department, the above quoted 25-A was introduced in the Code by amendment which came into force w.e.f. 23rd June, 2005. Admittedly, there is a Directorate of Prosecution in the State of Assam, but it is reportedly under the Police Department. Although this petition is pending since 2014, and despite decision of the Cabinet in its meeting held on 30.6.2015 for creation of Directorate of Prosecution, no effective steps have been taken till this date. On 16.11.2016 also a statement was made in the Court by learned Advocate General, Assam regarding creation of Directorate of Prosecution as well as for notification of Assam Prosecution Service Rules, 2010 within 3 weeks, but nothing substantial is reported to have been done.