Madras High Court: In a petition, filed for directing the Principal Secretary and Director General of Police to consider and issue necessary orders for appointing only regular cadre of Public Prosecutors / Additional Public Prosecutors in all District Courts, R. Sakthivel, J. while dismissing the petition, said that the insertion of sub-section 6A by the Tamil Nadu Amendment to Section 24 CrPC gave power to the State Government to appoint Public Prosecutors and Additional Public Prosecutors
The Court took note of Section 24(6) of the Code of Criminal Procedure, 1973 (‘CrPC’) and noted that it opens with a non-obstante clause, but that non-obstante clause is limited to Section 24(5) of CrPC, and after the Tamil Nadu amendment, sub-Section (6) is clearly subject to sub Section (6-A) and there is no disputation or contestation about the same. This means that the power of the State Government to resort to Section 6-A is intact. Thus, it cannot be said that appointments of Public Prosecutor and Additional Public Prosecutor can be made only from the regular cadre.
The Court said that the plain language of sub-Section (6-A) makes it clear that the provisions of sub-Sections (4) and (5) of Section 24 of CrPC. have to be adhered to and the State Public Prosecutor has very fairly submitted that sub-Sections (4) and (5) of Section 24 of CrPC are being diligently adhered to.
The Court said that the powers of the State Government to appoint Public Prosecutors or Additional Public Prosecutors under sub-Section (6-A) of Section 24 of CrPC is de hors the regular cadre and it can be resorted to, and this is besides the powers of the State Government, as well as the Central Government to appoint Special Public Prosecutors in a particular case or for a class of cases vide sub section (8) which is a standalone subsection, which is also intact.
[R. Suresh Kumar v. Principal Secretary to Government, 2023 SCC OnLine Mad 7947, decided on 19-12-2023]
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