Is appointing a special prosecutor my right ?
Sonia Prabhu
(Querist) 12 November 2013
This query is : Resolved
There were two WP in HC,both the petitions were in connection with same criminal trial(one WP was filed by the accused and other by the victims). In the WP (filed by the accused) HC made the criminal trial time bound and in the second WP (filed by the victim)the victims are suggested to depot and give their evidences under sec 216 and 319 Crpc.
As a result of this trial court is pressurizing the victims to enter the witness box.
Today the victims had applied to the trial court to adjourn the matter granting them sufficient time in order to appoint a special PP on behalf them. The Court has granted only 3 weeks time as a last and final chance.
My Query :
1) Is appointing a Special PP right of the victims / original complainant ?
2) Can I file a WP against this order asking for stay on the trial as violation of victims rights?
Devajyoti Barman
(Expert) 12 November 2013
Do not go for special PP. If you have merit then allow the trial to proceed.
Appointing special PP is not your right.
Sonia Prabhu
(Querist) 12 November 2013
I know that Spl PP will be appointed by the Govt. But I had thought it was my right to approach the govt to ask for one if I feel the need and the court should grant me this permission to approach the govt.
Raj Kumar Makkad
(Expert) 15 November 2013
You cannot approach even State for this purpose as this is the prerogative of the state only.
Sonia Prabhu
(Querist) 16 November 2013
Mr Makkad some how I do not agree with you as it is the first step that one needs to make an application to Govt for appointing a Special PP, stating that he is ready to bare the fees of the Special PP and only after such an application Govt takes its decision depending upon the merit of the case whether or not to appoint the Special PP. And the best point in this is that the person recommended by the applicant is the only person appointed as a special PP.
