Court On Its Own Motion

Virender Singh, C.J:— The report published in the Daily News Paper “Hindustan Time” (Ranchi Edition) of today discloses that Jharkhand State Bar Council (JSBC), the Apex Lawyers Body in the State, has given a call protesting against the rules framed by the State Government for appointment of Public Prosecutors and Additional Public Prosecutors, demanding restoration of the old scheme for their appointments.

2. The importance of the Public Prosecutors/Additional Public Prosecutors/Assistant Public Prosecutors has statutory recognition under Section 24 and Section 25 of the Code of Criminal Procedure, 1973. The Public Prosecutors and the Government Counsels play an important role in the administration of justice has been noticed by the Hon'ble Supreme Court in several judgments [Kumari Shrilekha Vidyarthi v. State of U.P” (1991) 1 SCC 212 and “State of U.P v. Johri Mal” (2004) 4 SCC 714].

3. The strike by the advocates has seriously impaired the functioning of the Courts through out the State, which is not in the larger public interest as at least 30000 practicing advocates across the State would abstain from Court works. Although on one hand, the strike by the Advocates cannot be appreciated, yet considering the larger public interest involved in the administration of criminal justice system, this Court takes suo motu cognizance of the news report and treat the same as public interest litigation.

4. Registry is directed to register the news item as Public Interest Litigation. Let notices be issued to the following authorities:

1. The State of Jharkhand through Chief Secretary, Government of Jharkhand, Ranchi.

2. The Principal Secretary, Department of Home, Government of Jharkhand, Ranchi.

3. The Principal Secretary, Department of Personnel, Administrative Reforms and Rajbhasha, Government of Jharkhand, Ranchi.

5. Awaiting response from the respondents, post the matter on 16th March, 2016.