The Kerala High Court has issued notice on a Public Interest Litigation (PIL) filed seeking direction commanding the respondent authorities to sanction sufficient post of Assistant Public Prosecutors and to appoint them on permanent basis in the remaining 10 Gram Nyayalayas and 14 Juvenile Justice Boards in the State within a time limit to be fixed by the High Court.

The petitioners highlighted the grievance of the public in the matter of obtaining speedy justice through Gram Nyayalayas, and the very functioning of Juvenile Justice Board, are hindered by the absence of Assistant Public Prosecutors. The very purpose of the Gram Nyayalayas and the Juvenile Justice Boards would be defeated by the apathy shown by the Government to discharge its duty under Sec 25 of CrPC to appoint sufficient number of Assistant Public Prosecutors.

For the smooth functioning of Grama Nyayalaya and Juvenile Justice Boards, the post of Assistant Public Prosecutors is indispensable. Despite the request of the Director General of Prosecution, the Government is not acting upon it, resulting in prejudice to the public.

Posts of Assistant Public Prosecutors falling vacant would certainly delay and hamper the trial of cases in the Gram Nyayalayas, as well as in the Juvenile Justice Boards, in particular, where children in conflict with law are involved. Thus, there is a necessity to fill up the existing posts or sanction sufficient posts.

Considering the nature of the reliefs sought for, the Division Bench of Chief Justice S Manikumar and Justice Murali Purushothaman granted permission to the petitioners to move the instant public interest petition before the vacation court.

The Kerala Assistant Public Prosecutors Association has put up a petition before the Supreme Court bench of Chief Justice Dipak Misra and Justices A M Khanwilkar and D Y Chandrachud arguing that the practice of appointing public prosecutors on a contract basis should be banned.

Making the State of Kerala as the respondent, the association has submitted that in several cases the very process of public prosecution becomes a private matter when regular PPs are not available.

It said that this happened when there existed recommendations by various commissions on the importance of promoting assistant public prosecutors on a permanent basis.

The association demanded doing away with the system of temporary and contract appointments and called for a system with a permanent cadre of public prosecutors headed by a Director of Prosecution.

The matter has been adjourned for the day.

–        India Legal Bureau