Special Public Prosecutor pleading for change of a Bench in the name of victim’s feelings is a contempt of court, HC told
Additional Solicitor General of India Wilson told a Bench of the A.P. High Court on Tuesday that a Special Public Prosecutor can’t plead for change of a Bench hearing a criminal case in the name of feelings of victims and this amounts to committing the contempt of court.
The Additional Solicitor General was appearing upon the request made by the court to assist it in the case pertaining to the Tsundur Dalit massacre case. A Division Bench of the court comprising Justice L.Narasimha Reddy and Justice M.S.K. Jaiswal heard the arguments earlier on behalf of the persons convicted for over a week and then the Special Public Prosecutor, Bojja Tarakam, appointed by the State government to pursue the case, requested the Bench not to adjudicate the matter further. An affidavit was filed citing the feelings of the victims in this regard. The Bench asked for the appearance of either the Attorney General of India or any other senior law officer deputed by the Attorney General of India to answer serious questions of law arising in this case in such situation.
Mr. Wilson told the Bench that the Special Public Prosecutor can’t take the assistance of anyone other than the State. It was also brought to the notice of the court that the State government has taken a stand that it has not authorised the special public prosecutor to resort to asking for change of the Bench.
Mr. Bojja Tarakam said this was a unique case and he had been requested by the government to be the public prosecutor involving cases arising out of the SC /ST (Prevention of Atrocities) Act.
Keywords: Dalits, Massacre, Tsunduru, Guntur District, Special Court, SC /ST (Prevention of Atrocities) Act, Special Public Prosecutor, Bojja Tarakam, Wilson, Division Bench, Additional Solicitor General of India