Notice issued over Directorate of Prosecution

JAMMU: The Jammu and Kashmir High Court on Wednesday issued notice to government in a PIL filed against the establishment of Directorate of Prosecution by creating separate prosecution service to be known as "J&K Prosecution Service".
The decision of the SAC upon which the home department has issued an order in this regard was challenged in the court as so was the another order whereby former members of J&K Police Gazetted Service (Prosecution Wing) have been engaged as Deputy Director(s) (Prosecution) after the establishment of Directorate of Prosecution vide previous order.
A Division Bench of State High Court Comprising Chief Justice Gita Mittal and Justice Rajesh Bindal issued notice to the home department to show cause as to why the writ petition be not admitted to hearing.
The court ordered for counter affidavit to be filed within four weeks.
The DB further directed the parties to file written submissions running into not more than three pages in support of their respective arguments before the next date of hearing.
DB further directed respondents to examine the position which subsists in other parts of the Country and inform this Court as to whether the practice for appointing Prosecutors which is complained of by the writ petitioners, is followed anywhere else.
During the course of hearing Advocate General DC Raina submitted that the writ petition raises questions which cannot be considered a writ petition filed as a public interest litigation.
Division Bench observed that “We leave this objection open for consideration at the time of hearing the writ petition.”