The Karnataka High Court on Wednesday asked the State government to explain the source of its power on appointing State Public Prosecutor (SPP) and Additional State Public Prosecutor to represent the prosecution cases in the High Court.
Justice Mohan M. Shantanagoudar issued oral direction in this regard to the government counsel while hearing a petition filed by the former SPP S. Doreraju, who has questioned his discontinuation from the post of SPP besides challenging the October 19, 2013 notification related to appointment of the new SPP.
It has been contended in the petition that the government did not follow the procedure laid down in Section 24 of the Code of Criminal Procedure (Cr.PC) for appointing SPP. According to Section 24 of the Cr.PC, the petition said, “for every High Court, the Central government or the State government shall, after consultation with the High Court, appoint a Public Prosecutor for conducting, in such court, any prosecution, appeal or other proceeding on behalf of the Central or the State government.”
However, the government did not follow this norm in appointing Narayana Reddy as SPP in his place, Mr. Doreraju claimed in the petition. The Karnataka Law Officers Rules was not applicable for appointment of public prosecutor but the present SPP was appointed under this rule, the petition claimed.
The court adjourned further hearing to October 25.