The Madras High Court Bench here on Tuesday ordered notice to the Secretary of the Home Department on a contempt petition alleging that the State had failed to comply with the directions of the court by not appointing Directors of Prosecution in Tamil Nadu.
The petitioner, K.R. Ramaswamy alias ‘Traffic’ Ramaswamy, a social activist, said that a Division Bench here had quashed the appointment of an IPS officer for the post of Director of Prosecution in a 2009 judgement. The Bench had also directed the State to appoint the Director and the Deputy Director of Prosecution as per Section 25-A of the Code of Criminal Procedure, the petitioner said.
Section 25-A of the Code of Criminal Procedure mandated a minimum experience of 10 years as lawyer for the post of Director of Prosecution.
In his contempt petition, Mr. Ramaswamy alleged that in several districts the posts of the Deputy Director of Prosecution were lying vacant for years and the additional public prosecutors were given the additional charge. An additional public prosecutor (grade-I) from the Chief Metropolitan Magistrate (CMM) Court, Egmore, is in-charge of the posts of the Director, the Joint Director and the Deputy Director of prosecution, he claimed.
“More than 5 lakh lawyers in the State are available for the posts. The State is not filling the vacancies as if there are no lawyers available in Tamil Nadu and one person is made in-charge of three key posts”, the petitioner contended. A Division Bench comprising Justices N. Paul Vasanthakumar and P. Devadass adjourned the case to June 25.