SRINAGAR: The Jammu and Kashmir Government has directed all its counsels representing the Union Territory before the High Court to act upon the recommendations of the Directorate of Prosecution in matters related to challenging bail orders, while clarifying that no separate approval from the Law Department would be required for filing such proceedings.
According to an official communication, the attention of all Government Counsels, including learned Senior Additional Advocate Generals (Sr. AAGs), Additional Advocate Generals (AAGs), Deputy Advocate Generals (DAGs), and Government Advocates appearing before both wings of the High Court of Jammu & Kashmir and Ladakh, has been drawn towards the modalities formulated by the Directorate of Prosecution for examination and consideration of cases involving assailing of bail orders.
The communication stated that all Government Counsels have been advised to act upon the decisions and recommendations communicated by the office of the Director General of Prosecution in respect of bail orders proposed to be challenged before competent courts.
“It is further impressed not to insist upon any separate sanction/order from the Department of Law, Justice and Parliamentary Affairs for filing appropriate proceedings before the competent Court under Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023,” the order reads.
Section 483(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 empowers the government to authorize prosecutors to approach higher courts for cancellation or setting aside of bail orders granted by subordinate courts in cases where the prosecution believes the relief was improperly granted or requires judicial reconsideration.
Officials said the latest directions are aimed at streamlining the process of challenging bail orders and ensuring quicker legal action in cases where the prosecution seeks intervention from higher courts, without waiting for separate administrative approvals from the Law Department.
