Clear stand on appointment of SPPs: HC to govt

A petition in this regard was moved by one Madhavdas Asar who is an accused in a murder case of 1993 in Jamnagar district. Asar has challenged the appointment of an SPP in the case by the government while seeking compliance of the HC’s directions given in 1971 to frame rules for the appointment of SPP.

Asar’s lawyer Prakash Thakkar said that under the provisions of the Criminal Procedure Code,the government has been conferred with powers to appoint government pleaders and public prosecutors in the respective set of cases to appear on its behalf. And under the same provisions,the government has also been enabled to appoint a private lawyer as an SPP in a particular case.

Alleging discrimination in the appointments of SPPs,Thakkar said,“…the SPPs are appointed mostly in cases where the complainant is very influential person and who can reach the concerned persons/authorities.”

Thakkar added that to cull the allegations of discrimination by the government in the appointments of SPPs,a division bench had in 1971 given directions to frame rules for their appointment,which have not been complied with till date. Thakkar has produced these observations and directions by the division bench.

“In our opinion,it would be desirable for the state government to lay down appropriate norms or standards regarding the appointment of Special Public Prosecutors for any particular case or for any particular class of cases in the light of aforesaid legislative object so that no accusation may be made against the state government of exercising its powers of appointment of Special Public Prosecutors arbitrarily or unreasonably or discriminatively at the behest of influential or affluent complainants who can afford to engage the services of highly paid counsel even in cases which may not warrant the appointment of Special Counsel,” the DB had observed.

“…in consultation with the Advocate General,who is the leader of the Bar and the principal law officer of the state government,such norms can properly be evolved so that even the possibility of such allegations being made against the state government would be completely eliminated,” the DB had further observed while directing to forward a copy of the judgment to the government.

Thakkar has argued that many other states – Maharashtra for instance – have framed rules for the appointment of SPPs. But,Gujarat,despite directions by the HC,has not done so for more than 30 years.

Following his arguments,the HC directed the government to file an affidavit over the issue. “Additional Public Prosecutor appearing on behalf of the state is directed to file affidavit-in-reply and the stand of the government with respect to appointment of SPPs in criminal cases and whether any rules are framed or not,and if not,why,though the observations were made by the Division Bench as far back in 1971,no efforts are made to frame the rules…,” Justice Shah ordered.