Expressing its strong displeasure over the standard of Public Prosecutors appearing in different High Courts, the Supreme Court has directed the States across the country to appoint Assistant Government Pleaders (AGPs) and Assistant Public Prosecutors (APPs) in their respective High Courts on the sole basis of merit.
Noting that the state governments across the country were appointing AGPs and APPs in their respective High Courts solely on political considerations, the Bench of Justice JB Pardiwala and Justice R Mahadevan observed that favouritism and nepotism were other factors, which led to compromising the merit in such cases.
The top court of the country said this verdict was a message to all state governments across the country that they owed a duty to ascertain the ability and law proficiency of persons, along with their overall background and integrity, while appointing them as AGPs or APPs.
The Bench made these observations on Wednesday, while setting aside the conviction of three men convicted by the Punjab & Haryana High Court almost two decades after they were acquitted by the trial court in a murder case.
Lamenting the manner in which the acquittal in this case was overturned based on the Public Prosecutor’s arguments, the Apex Court said instead of assisting the High Court and pointing out the correct position of law, the Public Prosecutor went to the extent of suggesting capital punishment for the appellants.
The Bench observed that judges were human beings. The sheer pressure of work may, at times, lead them to committing certain errors or mistakes. The defence counsel as well as the Public Prosecutor owed a duty to correct the Court if it was falling in some error.
Since the state government appointed these Public Prosecutors, it was solely responsible for this situation, noted the Court.
The Bench directed the State of Haryana to pay compensation of Rs 5 lakh within four weeks to each of the appellants who spent over three months in jail 20 years after their acquittal in the case.
The order was passed on appeals challenging a Punjab and Haryana High Court order of August 27, 2024, which overturned the acquittal of three appellants, released by the trial court in 2005 in a murder case.
The trial court held two co-accused guilty of the crime, whereas the other four, including the three appellants before the Supreme Court, were acquitted.
The father of the deceased filed a revision petition before the High Court challenging the acquittal of the three appellants.
The High Court, in its revision judgment, held all three appellants guilty of the alleged offence and sentenced them to undergo life imprisonment. The appellants then moved the Supreme Court.