ISSUE:
Whether non-preparation of a panel of names for appointment as Public Prosecutors/ Additional Public Prosecutors under Section 24 of the Code of Criminal Procedure, 1973 (“Code”) is a curable defect?
Whether general comments as to the non-suitability of certain persons for appointment to the post of Public Prosecutors/ Additional Public Prosecutors, satisfies the requirement of Section 24(4) of the Code?
Whether judicial review of appointment of advocates as District Government Counsels is permissible, and to what extent?
RULE:
For appointing Public Prosecutors/ Additional Public Prosecutors, the District Magistrate must necessarily prepare a panel of suitable names in consultation with the Sessions Judge.
Vague and general comments against the suitability of persons to be appointed to the post of Public Prosecutor/ Additional Public Prosecutor, does not satisfy Section 24 of the Code.
Effective consultation between District Magistrate and Sessions Judge is required for appointing Public Prosecutors and Additional Public Prosecutors under Section 24(4) of the Code.
While judicial review is permissible and the Courts can examine whether there was any infirmity in the decision-making process, Courts cannot substitute itself over the final decision of the authority vested with the decision-making power.
