Section 24 crpc.
ajay kumar mishra
(Querist) 22 September 2011
This query is : Resolved
can the district magistrate with consultation with the secession judge prepare a panel of names of persons who are in his opinion fit to be appointed as public prosecutors or A.P.P. for the district as per section 24 of sub section 4 crpc. by not complying the mandatory provision u/s 24 (7) crpc. and if the answer is negative, then can it be challange through writ under article 226 before the Hon'ble High court ?.
Raj Kumar Makkad
(Expert) 22 September 2011
Definitely the answer is no. This section is directory and not mandatory. Law has completely changed now so no writ can be filed thereon.
ajay kumar mishra
(Querist) 22 September 2011
Dear sir,
I am respectfully disagree with your reply. if we carefully scrutinize section 24(7) crpc.we found that the eligibility for any person for the appointment of P.P. or A.P.P. is that he should have practice as advocate not less than seven years. so if it is the statuary provision and D.M. not complying the same then is it not fit case to seek remedies by filing writ in Hon'able High court ?.
sir, if I am wrong then please elaborate your opinion .
kuldeep kumar
(Expert) 22 September 2011
where regular cader exist the candidates shall be taken from cader only..
prabhakar singh
(Expert) 23 September 2011
Any appoint made ignoring 7 years length of practice is violation of this provision and can be challenged by writ.
Guest
(Expert) 24 September 2011
Dear Ajay Mishra,
There is a difference between the preparation of a panel for PP or APP and appointment as a PP or APP. Sub-section (4) of Sec. 24 merely states for preparation of panel (NOT appointment), while sub-section (7) states about the the persons who can be appointed as PP or APP out of the panel, but on fulfilling of certain set conditions. So, District Magistrate in consultation with the Session judge can prepare the panel of person, whom he thinks fit to present the cases of the Government properly (may he be with less than 7 years of experience).
Naturally, both are two separate functions by two different authorities.
So, on the above analogy, you can think whether challenging of preparation would stand or not in the High court. Mere preparation of a panel does not assure appointment of any person as a PP or APP.
Of course, if appointment of PP or APP is not made out of the regular Cadre or the panel so prepared, but not by taking care of 7 years of practice, the case would definitely need to be challenged.
M V Gupta
(Expert) 24 September 2011
Seven years being the minimum standing required for appointment as PP /APP, the panel cannot be made of persons with less standing. What is contained in Sub sec(7) has to be kept in view while preparing the panel. It is necessary to read both the sub sections together as they are necessarily inter connected.Basic qualification for appointment/prperation of panel is always mandatory and cannot be directory.
