[Lakshwadeep] Prosecutors must be posted on islands where courts are: Kerala High Court stays order directing APP to do legal work at Secretariat

The Kerala High Court on Tuesday stayed an order of Additional District Magistrate (ADM) directing an Assistant Public Prosecutor (APP) at Amini, Lakshwadeep to do urgent pending works at the Legal Cell of the Union Territory's secretariat (Mohammed Saleem KP v. Administrator of Union Territory of Lakshadweep). .In the backdrop of concerns raised that criminal trials in Lakshwadeep not being conducted on account of the prosecutor's absence, the Court also emphasised that public prosecutors must be posted on those islands where the courts are located. .The interim order passed today by the Bench of Justices Vinod Chandran and MR Anitha stated:."We are prima facie of the opinion that the Prosecutors, appointed for the functioning of the Courts, are to be posted in the Islands where the Courts are functioning and if any vetting of charges has to be made by them, it is for the Administration to see that the documents are transmitted to them at the Islands where they are supposed to function as Prosecutors.".The Court passed the order in a public interest litigation (PIL) petition moved by Mohammed Saleem KP, who was represented by Advocate Rohit R..The petitioner raised grivance that APPs at Andrott and Amini, at Lakshwadeep, were being ordered to do the legal work of other departments, including work concerning the preparation of chargesheets to help the police..The office order in question, signed off by ADM Dr Shashipal Dabas, had deputed APP Rashida Chemmenampally to “attend the Legal Cell, Secretariat for completing urgent pending works until further orders.”.The hearing today saw Justice Vinod Chandran orally remark that the Court has already noticed areas of concern on this issue. Addressing S Manu, the standing counsel for the Lakshwadeep administration, he said, ."You know what is happening in Lakshadweep, on judicial side, I have warned you once. I am the judge in charge of the administration there …".These concerns were reflected in the order passed today as well, which stated:"We have got instructions from the learned Sub Judge through the Registrar (District Judiciary). The learned Sub Judge informs us that for the last two months the Prosecutors were deputed to Island of Kavarathi for the purpose of carrying out vetting of charges. In such circumstance, there are no cases posted for trial on re-opening after Ramzan.".The Court has now stayed the May 21, 2021 order passed by the ADM and directed that the Prosecutor appointed for the CJM Court at Amini resume her duties at the Court to enable resumption of normal functioning of the Court..The petitioner submitted that in the absence of APPs, courts were left to delay the trial of criminal cases posted before it. "In the month of March 2021, five scheduled criminal cases for trial were postponed after witnesses were summoned before the Court from different islands and mainland, only because of the fact that Assistant Public Prosecutor of Amini was at Kavaratti for other official works," the petition stated. .The petitioner added that in the last four months, no criminal trial has been completed in the Chief Judicial Magistrate Court, Lakshadweep due to the absence of the Assistant Public Prosecutor in trial proceedings..Pertinently, concern was raised that prosecutors are presently being engaged in the Union Territory on a contract basis. ."Even though there is a recruitment rule called Laccadive Minicoy and Amini Islands (Recruitment to the post of Assistant Public Prosecutor) Rules, 1970 .... for the appointment of Assistant Public Prosecutors, Lakshadweep Administration is preferring contract basis appointment", the petitioner explained..The petitioner submitted that there has been no move to create a cadre of prosecuting officers in Lakshwadeep, which has courts situated in three islands i.e. 1. the Magistrate Court at Andrott, 2. the Chief Judicial Magistrate Court cum Assistant Session Court at Amini, and 3. the District and Sessions Court is at Kavaratti. .Three officers work as prosecutors i.e. one Additional Public Prosecutor and two Assistant Public Prosecutors, it was added..In this backdrop, the petitioner asserted that the May 21 order of the ADM is a rampant abuse of power and that the decision to temporarily remove the APP from court work until further orders would adversely affect the criminal justice system in Lakshwadeep. ."This is all the more exasperating when it is learned that the respondent has not cared to ensure that appropriate person is appointed in the post of Assistant Public Prosecutor at the Court of Amini Island in the interregnum ... This kind of treatment of Lakshadweep Administration towards Assistant Public Prosecutor will result in loss of the confidence of a common man towards the independence of the Assistant Prosecutors, which is also an essential feature of fair trial", the petition further stated..Stating that an independent department of prosecuting officers is an essential part of Justice delivery system, as also stated by the Supreme Court, the petitioner made the following prayers:1. Direct the authorities to issue an order appointing an Assistant Public Prosecutor on a regular basis for the judicial functions of Courts in Lakshadweep.2. To declare the May 21, 2021 ADM order as illegal and unjust.3. To direct the appointment of a regular cadre of prosecuting officers in accordance with the law..[Read Order]