Vijay Arora
Shimla, July 6
The HP High Court today took serious note of Public Prosecutors hobnobbing with politicians to secure convenient transfer orders.
The court ordered that henceforth no Public Prosecutor, Assistant District Attorney and District Attorney would be transferred on the basis of DO notes (recommendation letters) and their transfers would be effected strictly in accordance with the Comprehensive Guidelines, 2013, that, too, only by the administrative authority. A Division Bench comprising Justice Tarlok Singh Chauhan and Justice Chander Bhusan Barowalia passed the order on a petition filed by Tarsem Kumar, a Public Prosecutor.
According to the petitioner, the Nagrota Bagwan MLA issued a DO note on March 15, 2022, for the transfer of the petitioner at the behest of another Public Prosecutor Shikha Rana. In the instant case, both petitioner and the private respondent are Public Prosecutors and have at different times procured DO notes from the MLA for their transfers. Since both petitioner and private respondent are beneficiaries of the DO notes, the court has ordered to transfer and post them out of Kangra district.
The court observed, "A Public Prosecutor occupies a statutory office of high regard. Rather than part of the investigating agency, they are instead an independent statutory authority. The role of a Public Prosecutor is intrinsically dedicated to conducting a fair trial and, therefore, it does not behove these Attorneys to be seen hobnobbing with politicians or socialising with public. The conduct and behaviour expected of them is nothing short of that expected of a judicial officer".
The court stated, "As both petitioner as well as the private respondent have feigned ignorance regarding the working and ethics of the department, it gives an impression that probably such Public Prosecutors, who are now being inducted into service, are not at all aware of the status they hold and the conduct and behaviour that is expected of them by virtue of their office alone".
The court ordered that all Public Prosecutors inducted into service over the past 15 years, irrespective of their ranks as Assistant Public Prosecutors or Public Prosecutors, should undergo a refresher course designed, laying special emphasis on ethics, morality and conduct expected of a Public Prosecutor, in the Himachal Pradesh Judicial Academy, Shimla.
Courtesy: Tribune News ServiceAppropriate behaviour
The role of a Public Prosecutor is intrinsically dedicated to conducting a fair trial and, therefore, it does not behove these Attorneys to be seen hobnobbing with politicians or socialising with public. High Court Bench
