Report No. 154

3. Reforms in prosecuting agency

Recently, the Supreme Court has held in the case of S.B. Shahane v. State of Maharashtra, AIR 1995 SC 1628 that there should be a separate cadre of Public Prosecutors so that they can render their functions independently from the control of Police, as well as to reduce the possibility of political or other types of interference with the police investigation and for effective scrutiny of investigation.

Since the prosecuting agency render statutory functions as officers of the Court, there is all the more reason that such prosecuting officers should be absolutely independent. What steps should be undertaken in this regard so that the objective behind it can be attained in the true spirit, may be highlighted by you. (i) Whether they should be headed by a Director of Prosecution, (ii) what should be qualifications of such a Director and (iii) what should be the methods of appointing him and Public Prosecutors to conduct such cases.