AMIT PATHANIA AND ANOTHER Vs. UNION OF INDIA

JUDGEMENT

(1.) In anticipation of the enforcement of the Jammu and Kashmir Reorganization Act, 2019, the Government of Jammu and Kashmir vide order No. 1104-Home of 2019 dtd. 30/10/2019, accorded sanction to the establishment of Directorate of Prosecution and creation of separate Prosecution Service to be known as Jammu and Kashmir Prosecution Service, comprising of the members of the Jammu and Kashmir Police (Gazetted) Service (Prosecution Wing) and Prosecuting Officers (NonGazetted) as its members. By the impugned order No. 1104-Home of 2019 dtd. 30/10/2019, sanction was accorded to :-

(2.) The Government vide order No. 01-Home of 2019 dtd. 31/10/2019 issued the following orders:-

(3.) Accordingly, seven persons were appointed as Deputy Directors (Prosecution) [DDsP] for different Districts. Subsequently, the Government issued two notifications on 31/10/2019, in exercise of the powers conferred under Sec. 24 of the Code of Criminal Procedure, 1973 and vide S.O. 05 dtd. 31/10/2019, appointed Chief Prosecuting Officers (CPOs) of the Jammu and Kashmir Prosecution Service as Public Prosecutors (PPs)/Additional Public Prosecutors (APPs) and posted them in different Districts in Courts of Sessions Judge and Additional Sessions Judge as mentioned in the notification. By this order, 39 persons were appointed on the post of Public Prosecutors (PPs)/Additional Public Prosecutors (APPs).