PHOOL SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The petitioner by means of this writ petition has prayed that the order dated 2-12-1991 (Annex. 1) issued by the Joint Legal Remembrancer and Director, Litigation Government of Rajasthan, Jaipur appointing Shri Ram Chandra Deopura, Advocate, Rajsamand (respondent No. 2) as Special Public Prosecutor in Sessions Case No. 119/91, State v. Bhanwar Singh and ors., under S. 302, I.P.C. pending in the Court of Sessions Judge, Rajsamand and directing that all the expenses incurred by respondent No. 2 shall be paid by Shri Nand Lal Rawal (respondent No. 3), be quashed and that a further direction be given to proceed de novo in the said Sessions trial with the assistance of an independent Public Prosecutor.

(2.) The petitioner is the son-in-law of one of the accused persons namely Bhanwar Singh, who is facing the aforesaid Sessions trial along with 7 other accused persons. The petitioner has challenged the impugned order/letter dated 2-12-1991 (Annex. 1) on the ground that since Nand Lal (respondent No. 3), the brother of deceased Sunder Lal in the aforementioned Sessions case, has been directed to pay the remuneration to the Special Public Prosecutor instead of the State Government, the dignity, impartiality and efficiency of the said Special Public Prosecutor shall not be properly maintained. According to him, the State Government has, thus, made an effort to legalise the corrupt practice of allowing the private party to pay the remuneration to the Special Public Prosecutor. It has been contended on behalf of the petitioner that since an offence is committed against the entire society and not against an individual person, therefore, it is the duty of the State to maintain peace and security in the society, to prosecute the accused and that the complainant has no independent right to prosecute the accused. It has been further contended that if the prosecution is given in the hands of the complainant, whose only interest is to see that the accused is any how convicted, then the object to conduct the prosecution of an accused person by the State shall stand defeated. It has also been contended that if a Special Public Prosecutor, is paid remuneration by the complainant, then he is always likely to conduct the case in a manner which will ultimately satisfy his client, and thus, such a Special Public Prosecutor is likely to tamper with the witnesses and documentary evidence resulting in vexatious prosecution and unnecessary harassment of the accused person. It has further been contended that the appointment of a Special Public Prosecutor in a particular case is also discriminatory and offends the fundamental right of the equality before law as enshrined and guaranteed under Art. 14 of the Constitution of India.

(3.) A return has been filed on behalf of the State of Rajasthan (respondent No. 1), wherein it has been averred that this writ petition does not involve any question of substantial public importance and as such the petitioner has no locus standi. It has been denied that any assistance rendered by the Special Public Prosecutor misleads the trial Judge or harasses the accused persons or that the Special Public Prosecutor does not act impartially. It has been asserted that the State Government has a statutory right to appoint a Special Public Prosecutor under S. 24(8) of the Cr. P.C. and that the vague allegation that the Special Public Prosecutor is likely to tamper with the witnesses or the documents is baseless, misconceived and devoid of any merit. It has also been asserted that there is no violation of provisions of Art. 14 or any provisions of the Cr. P.C. in appointing a Special Public Prosecutor and directing respondent No. 3 to pay his remuneration. On the other hand, respondent No. 2 has been in practice as an Advocate for a period more than ten years and as such he is fully qualified and entitled to be appointed as a Special Public Prosecutor.