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Report No. 239

2.5 Public Prosecutors:

(i) Vacancies in the offices of PP/APP resulting in one PP/APP shuttling from one Court to another thereby causing dislocation of Court work. There is no effective mechanism to oversee the functioning of Public Prosecutor. The recruitment process is either deficient or politically manipulated. The provision in Section 24(4) of Cr.P.C. which requires the District Magistrate to prepare a panel of names fit to be appointed as PPs/Addl.PPs for the district in consultation with the Sessions Judge, has been deleted or amended by many States. It is the sole prerogative of State Government to appoint PPs and Addl.PPs of their choice in many States.

(ii) Though the Cr.P.C. enjoins the constitution of Directorate of Prosecution and normally a Director of the rank of District Judge is appointed as Director, he is required to function under the administrative control of the Home Secretary vide Section 25A(3). Home Secretary hardly evinces any interest in matters related to Directorate of Prosecution. The Director and Deputy Director have no functional independence and they can only exercise peripheral supervision over the PPs/APPs.

(iii) Lack of coordination between the Police and Public Prosecutor. The assistance of concerned Police Officers is seldom available to Public Prosecutors. Prosecutors often feel helpless.

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