The Single Judge bench of Justice R. Mahadevan, hearing a petition filed seeking the appointment of Government Pleaders and Public Prosecutors in Kanniyakumari district on merit and applications received, directed the Advocate General to appear before the court on November 22.
The petitioner advocate M. Ashok Padma Raj of Kannyiakumari said that there cannot be any interference from the State government in the appointments. The District Magistrate in consultation with the Principal and District Sessions Judge should prepare a list of those persons fit to be appointed to the posts as mandated under Section 24 of the CrPC.
A minimum of 10 years of practice at the Bar was the eligibility criterion, said the petitioner.
By the operation of the Doctrine of Institutional Integrity, the candidature of any person cannot be considered unless he is competent and satisfies the requirement for the post.
The petitioner said that he along with 33 other advocates had applied for the posts of Government Pleader and 19 others had applied for the post of Public Prosecutor. The recommendations for the posts were made by the District Judge.
However, no appointments were made till date.
The reason for the consultation for the appointments was important to ascertain that there was integrity in the appointments and to prevent offices falling prey to political power.
However, attempts are being made to appoint candidates, whose names were not recommended.
