Karnataka HC removes H K Jagadish as Director of Prosecution in-charge
Petitioner contended that the post required an advocate of minimum 10 years’ experience, which was not fulfilled; HC tells state govt to appoint an eligible candidate within 8 weeks.
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The court concluded by issuing a writ of ‘quo warranto’ removing H K Jagadish from his post, and for the government to appoint an eligible candidate within eight weeks. (Representative Photo/File)The Karnataka High Court has removed H K Jagadish as the in-charge of Director of Prosecution and Government Litigation noting that his appointment to the post was contrary to law. The order was passed on March 11 by a division bench consisting of Chief Justice N V Anjaria and Justice Krishna Dixit, based on a Public Interest Litigation (PIL).
The PIL filed by a Bengaluru advocate contended that as per the requirements of Code of Criminal Procedure (CrPC), the post required an advocate of minimum 10 years’ experience, which was not fulfilled. Further, the appointment had not been made with the concurrence of the Chief Justice.
It was also argued that “in-charge” arrangements could not be made to occupy the post, and the incumbent had been in the post for over four years despite this since 2019.
The state counsel argued on the other hand that since the incumbent was merely holding the post on “in charge” basis the requirements were not applicable. Further it was contended that he had been appointed owing to lack of available deputy directors to take the role, and that steps were being taken as of this February to fill the Director post by promotion.
The bench observed,”The provisions of the Code are as clear as Gangetic waters. They prescribe specific qualifications and conditions…we are dismayed that such an official has been given additional charge of the office… the same is being renewed periodically.” The bench opined that this was an “unhealthy practice.”
The bench also noted that it was not that “in-charge” arrangements could not be made, but only in emergencies and not for an indefinite period like the current case.
The court concluded by issuing a writ of ‘quo warranto’ removing H K Jagadish from his post, and for the government to appoint an eligible candidate within eight weeks.
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