Assistant Public Prosecutor is officer of court and is Advocate as Advocate Act
An advocate has a two-fold duty: (1) to protect the interest of his client and pursue the case briefed to him with the best of his ability, and (2) as an officer of the Court. Whether full-time employment creates any conflict of duty or interest for a Public Prosecutor/Assistant Public Prosecutor? We do not think so. As noticed above, and that has been consistently stated by this Court, a Public Prosecutor is not a mouth- piece
of the investigating agency. In our opinion, even though Public Prosecutor/Assistant Public Prosecutor is in full-time employ with the government and is subject to disciplinary control of the employer, but once
he appears in the court for conduct of a case or prosecution, he is guided by the norms consistent with the interest of justice. His acts always remain to serve and protect the public interest. He has to discharge his functions fairly, objectively and within the framework of the legal provisions. It may, therefore, not be correct to say that an Assistant Public Prosecutor is not an officer of the court.
Supreme Court of India
Deepak Aggarwal vs Keshav Kaushik & Ors. on 21 January, 2013
Bench: R.M. Lodha, Anil R. Dave, Ranjan Gogoi
https://www.lawweb.in/2013/08/assistant-public-prosecutor-is-officer.html
