Complying with a recent order of the Madurai Bench of Madras High Court on a contempt petition filed by social activist K.R.Ramasamy @ ‘Traffic’ Ramasamy, the State government on Tuesday issued orders appointing 15 persons to the Directorate of Prosecution.
Though the Directorate has been in existence since 1995 and the posts of Director of Prosecution, Joint Director (Administration) and Deputy Directors of Prosecution sanctioned for the department, it has been so far been governed by a set of ad hoc rules, said a government order on the appointment.
The appointments to the Directorate were thus on account of a Bill passed by the State Legislative Assembly on September 2, 2006 omitting Section 25-A Criminal Procedure Code in respect of the appointments.
The Bill was sent to government of India for obtaining the assent of the President.
Section 25-A of CrPC provides that the State government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit.
While prescribing the eligibility conditions for appointment as Director of Deputy Director, it said such appointment should be made with the concurrence of Madras High Court Chief Justice.
The Madurai Bench of the High Court in November, 2009 observed that the government is at liberty to appoint the Director of Prosecution and Deputy Directors of Prosecution strictly in accordance with Section 25-A CrPC.
In view of the Bill waiting for presidential assent “the government was not in a position to comply with the orders of the court.”
However, following the order in the contempt petition filed by Mr.Ramasamy it sought the opinion of the Advocate General, who said the government should strictly adhere to Section 25-A of CrPC while appointing persons to the Directorate. Tuesday’s government order said S.Tamilselvan, Assistant Director of Prosecution (AD), Dindigul, will be Director of Prosecution and G.Padmanabhan, Additional Public Prosecutor (APP), Chief Metropolitan Magistrate Court, Chennai, the Joint Director (Administration).
The 13 Deputy Directors of Prosecution will be P.Sampathkumar, Deputy Legal Advisor, Vigilance and Anti-Corruption, Chennai; T.R.Cauvery Ezhilarasu, APP, Chief Judicial Magistrate (CJM) Court, Krishnagiri; P.Suriya, AD of Prosecution, Alandur; S.Valsalakumari, Deputy Legal Advisor, Vigilance and Anti-Corruption, Chennai; S.Shanmugam, AD, Nagapattinam; T.Ramachandrasekaran, Deputy Legal Advisor, Vigilance and Anti-Corruption, Virdhunagar; S.Sumathy, APP, CJM Court, Virdhunagar at Srivilliputhur; P.Rani, APP, CJM Court, Tirunelveli; T.Parameswari, APP, CJM Court, Karur; C.Padmanabhan, APP, CJM Court, Nagercoil; R.Vijaya, APP, CJM Court, Cuddalore; T.R.S.Ramamoorthy, Deputy Legal Advisor, Vigilance and Anti-Corruption, Nagercoil; and G.Chitradevi, Deputy Legal Advisor, Vigilance and Anti-Corruption, Vellore.
The appointment is subject to Presidential assent on the State Bill seeking omission of Section 25-A of Criminal Procedure and posting orders in respect of these persons will be issued separately, the GO said.
