Appoint prosecutors on merit, not on political leanings: Supreme Court
The Supreme Court of India has issued a strong directive emphasizing that state governments must appoint public prosecutors based solely on merit rather than political affiliations. This ruling, delivered by Justices J.B. Pardiwala and R. Mahadevan, highlights the critical importance of maintaining high standards in the administration of justice.
Merit-Based Appointments: The court criticized the prevalent practice of appointing additional government pleaders (AGPs) and additional public prosecutors (APPs) based on political considerations, stating that such favoritism and nepotism severely compromise the quality of legal representation in courts.
Duties of Public Prosecutors: The court underscored that public prosecutors hold a significant public office and must be individuals of high merit, integrity, and legal proficiency. Their role is not merely to secure convictions but to assist the court in reaching fair conclusions by presenting all relevant evidence objectively.
Accountability of State Governments: The ruling holds state governments accountable for ensuring that only competent lawyers are appointed to these crucial positions. The court noted that the effectiveness of the criminal justice system relies heavily on the quality of its prosecutors.
Case Context: This judgment arose from an appeal against a decision by the Punjab and Haryana High Court, where inadequate legal representation led to a wrongful conviction. The Supreme Court found that the high court had committed a significant error in reversing an acquittal without proper hearings, further illustrating the consequences of poor prosecutorial standards.
The Supreme Court’s message is clear: to uphold justice and maintain public trust in the legal system, appointments must prioritize competence over political connections.
