Law dept warns prosecutors to abide by legal procedural norms

Mumbai: The law and judiciary department has issued a warning to all public prosecutors (PPs) and assistant/additional public prosecutors (APPs) to adhere to the norms of conducting legal procedures.

The move comes after an APP decided not to appeal a decision of the Aurangabad bench of Bombay high court that went against her in an appeal in a criminal application. Apparently, the bench informed the department of the same following which, the warning was issued.

As per circular issued by the department, the bench after hearing an appeal in a criminal application between Anil Khanpate and another versus the state of Maharashtra noticed that the APP decided not to challenge the judgement and took the decision on her own that the case was not fit to prefer appeal, without following procedure prescribed in the rules for conduct of legal affairs of government, 1984.

The court said, “In view of the above, it is necessary for the department of law and judiciary to ensure that provisions of rules regulating legal affairs are strictly complied with by all PPs and APPs working under its supervisory and administrative control. PPs and APPs cannot act as per their whims and desires. They are obliged to follow the rules governing the conduct of legal affairs framed by the state government.”

Following the court directions, the department said, “In view of the aforesaid directions of the hon’ble high court, all PPs and APPs are hereby directed to scrupulously follow provisions prescribed in the rules for conduct of legal affairs of the government, 1984, especially rule 49 (9) (a) and 50 when the decision is adverse to the prosecution. PPs shall forthwith desist from taking a decision, on their own, without following procedure prescribed in the aforesaid rules.”