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Appointment of Rajwinder Bains as special public prosecutor for sacrilege matters stirs legal debate

Saurabh Malik

Press Reporter News Service

Chandigarh, October 2

When senior advocate Rajwinder Singh Bains was appointed particular public prosecutor for the politically delicate sacrilege issues, one of many elements that weighed with the Punjab authorities was his look for the principle complainant in a associated “police” firing case. This very issue has now generated a authorized debate totally on the premise {that a} lawyer for the complainant legally can’t be appointed as a prosecutor in the identical case.

Bains was chosen for the particular PP’s submit following a political storm over senior advocate APS Deol’s appointment because the Advocate-Common for the State of Punjab. 

Navjot Singh Sidhu, who had abruptly resigned as Punjab Congress chief, had, amongst different issues, cited Deol’s appointment for stepping down from the submit on September 28. 

His objection was that the senior advocate was the counsel for former top-cop Sumedh Singh Saini and IG Paramraj Singh Umaranangal — each accused within the Behbal Kalan police firing case.

Deol’s appointment was additionally objected to on the bottom of battle of curiosity as he, being Saini and Umaranangal’s counsel, would neither have the ability to seem nor advise the State of their circumstances and associated issues. 

Bains, then again, was counsel for the principle complainant Ajit Singh within the Kotkapura firing circumstances and had represented the complainant when the investigation within the matter was quashed by the Excessive Courtroom. 

Obtainable data suggests the choice to nominate Bains could, nonetheless, be not legally sound and the prosecution performed by him could possibly be a topic of problem on the bottom of being vitiated in legislation. The accused might search the setting apart of the complete trial at any stage on this technical floor.

There are, in actual fact, a plethora of judgments on the topic, ranging from 1924 verdict in Anant Chanderkar’s case proper as much as 2002 in Rekha Murarka’s case, the place the Supreme Courtroom struck down the appointment of public prosecutors, who have been in some method both linked to the submitting of the legal case, had taken a public place within the matter or the place the counsel for the sufferer had been given a job within the prosecution of the matter.

In any case, the only goal of the general public prosecutor is to not search a conviction, regardless that he’s appointed by the State. His function has been interpreted by the Courts as an “officer of the Courtroom” and “minister of justice” required to position earlier than the Courtroom all proof in his possession, whether or not it’s in favour of, or in opposition to, the accused. 

He isn’t to single-mindedly search conviction whatever the proof — powerful factor for counsel for a complainant to do.

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