Expressing its anguish over the incompetence of public prosecutors appearing in some cases, the Kerala High Court has suo motu initiated a writ petition on the issue.
A Division Bench comprising Justice K. Vinod Chandran and Justice A.A. Ziyad Rahman directed the registry to register a petition and post it in accordance with the orders of the Chief Justice.
The court observed that though the appointment of public prosecutor was the prerogative of the government, it cannot exercise absolute freedom for such appointments.
The appointments shall be made in consultation with the sessions judge concerned and such appointments can be made only from a panel of lawyers prepared by the district magistrate. On his part, the district magistrate cannot cherry pick the advocates to be appointed as prosecutors at the instance of and based on political affiliations, it said.
The Bench noted that it was appalled by the abject incompetence displayed by the prosecution in a murder case and a Protection of Children from Sexual Offences (POCSO) Act, which came to its consideration.
Taking note of the submission of the Director General of Prosecution that the issue was taken up with the government, the court directed that the measures taken by the government in this regard should be communicated to it.
