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The Supreme Court has issued notice in a petition calling for the issuance of directions to revamp the process of appointing Public Prosecutors (PPs) and Additional Public Prosecutors (APPs) in Kerala.
The order was passed by a Bench of Justices Deepak Gupta and Aniruddha Bose last Monday. Inter alia, the plea had registered objection to political interference when it comes to the appointment of these law officers.
In this regard, the petition moved by three Grade II Assistant Public Prosecutors from Kerala has challenged the constitutional validity of Rules 4, 8, 14, 15, 53 and 69 of the Kerala Government Law Officers Appointment and Conditions of Service and Conduct of Cases Rules, 1978 (1978 Rules).
The petitioners have argued that these provisions run counter to the scheme of appointment under Section 25A of the Code of Criminal Procedure (CrPC) and are violative of Articles 254 and 309 of the Constitution. Further, the petitioners have also called for the Court to declare provisions of Section 24, CrPC as arbitrary and redundant in the State of Kerala.
In view of the concerns raised in the petition, the following prayers have been made before the Court, i..e
[Read the order dated November 25, 2019]