PIL seeking effective prosecution DB directs State to file comprehensive report
STATE TIMES NEWS
JAMMU: A Division Bench of State High Court comprising Justice Hasnain Masoodi and Justice Janak Raj Kotwal after observing that steps initiated to appoint a Judicial Officer as Member Secretary of Legal Service Authority does not set-aside all the issues raised in the Public Interest Litigation (PIL) filed for seeking effective prosecution of criminal trials particularly involving capital sentence and life imprisonment with a view to prevent crime and manning of legal remembrance posts by Judges, directed State to file comprehensive report before the next date of hearing with advance copy to counsel for the PIL enabling him to file his response if any as warranted in the facts and circumstances of the case.
The PIL was filed by Rufi Khan and others, final year students of graduation in law, University of Jammu. Advocate Rohit Kapoor appeared for the PIL whereas Sr. AAG S.S Nanda represented the State.
It was observed that a comprehensive report has not been filed by the State as per order dated 11th June, 2014 whereby the earlier Division Bench directed state to file status report indicating the guidelines for appointment of Public Prosecutor and Additional Public Prosecutors.
The Court observed that despite granting time to produce the cabinet decision of the year 2010 regarding appointment of Member-Secretary Legal Services Authority not agreeing with the proposal sent by the High Court, the said decision has not been placed on record and directed Commissioner/Secretary to Law Department to be present on 18th March, 2015 in this Court and file cabinet decision in which Advocate Rohit Kapoor in an application also sought time to challenge the State Government’s decision on maintaining status quo with regard to the post of Law Secretary and Member Secretary of State Legal Services Authority. JNF