MP News: Under The Scope Of The Post Of Advocate General And Government Advocate, State Government Has Time To Present Its Side

Madhya Pradesh High Court (file photo) – Photo: Expansion A petition has been filed in the MP High Court demanding the appointment of Public Prosecutors ‘Government Lawyers’ in the courts. During the hearing, it was told on behalf of the petitioner that both the Advocate General and the Public Prosecutor come under the ambit of office of profit. The government urged to provide time to present the side in this regard. Accepting the request of the state government, the High Court’s pair bench of Chief Justice Ravi Vijay Kumar Malimath and Justice Vishal Mishra next Hearing set for February. In the petition filed by Gyan Prakash, a resident of Jabalpur’s Adhartal, it was alleged that the state government was not appointing the Director of Public Prosecution by ignoring the rules. This is illegal. In the past, the appointment of an IAS by the state government to the post of In-charge Director Prosecution has also been put in the dock by the petitioner. High Court of Madhya Pradesh Case Flow Management Rules in the petition It was said that fast track and normal track have been created for hearing of writ petitions. Similarly, express track for cases like capital punishment, rape and dowry death in criminal cases, fast track for cases in which the accused did not get bail, sensitive cases like fast track, in which many people are affected, rapid track, special Brisk track has been created for prosecutions under the Act and normal track for all other common offences. The petitioner said that the tracks fixed in the law made in the year 2006 are not being followed. Taking cognizance of the matter, the High Court had directed to hear the matter. In the affidavit presented by the CBI and the Enforcement Directorate, it was stated that section 02 appointments of Special Public Prosecutors have been made. It was told on behalf of the government that under the section 10 with the consent of the High Court, the Advocate General was appointed as the Public Prosecutor has gone. After the amendment, law officers have been given the responsibility of public prosecutors. The Jugalpeeth had asked the government under which rule the Advocate General has been appointed as a full time Public Prosecutor. During the last hearing, citing the manuals of the Law Department and other states, the government had said in the affidavit that the Advocate General can be appointed to the post of Director of Public Prosecutions. During the hearing of the petition on Wednesday, it was told on behalf of the petitioner that the CrPC has been amended by the government. According to this, the post of Director of Public Prosecution is subordinate to the Advocate General. Apart from this, both the posts come under the ambit of office of profit. The petitioner presented his side during the hearing. ,

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