KALU SINGH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This revision petition is filed against impugned order dated 19-1-1998 passed by the learned Special Judge SC/ST (Prevention of Atrocities) Cases. Pali in Sessions case No. 25/97 dismissing the application filed by the accused challenging the order dated 14-7-1997 passed by the Distt. Collector. Pali, appointing Shri Arjun Singh as Special Public Prosecutor. From the order of the learned Collector it appears that considering the gravity of offence committed by the accused in broad day-light the Collector has appointed Shri Arjun Singh as Special Public Prosecutor to prosecute the Sessions case before the trial Judge. The accused are charged with the offences under Sections 302/34 341 IPC and Section 3 (2) (5) of SC/ST Act.

(2.) Learned counsel Shri Garg for the petitioner accused vehemently submitted that the impugned order dated 14th July. 1997 passed by Distt. Collector. Pali is wholly without jurisdiction, illegal and against the provisions of Section 15 of the SC/ST Act. Section 15 of the SC/ST Act is reproduced hereunder: S.15. Special Public Prosecutor: For every Special Court, the State Government shall, by notification in the Official Gazette, specify a Public Prosecutor or appoint an advocate who has been in practice as an advocate for not less than seven years, as a Special Public Prosecutor for the purpose of conducting cases in that Court.

(3.) The appointment of Special Public Prosecutor for any case or class of cases is made by the State Govt. under Section 24(8) Cr. P.C., which reads as under: S.24(8) The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor.