A Division Bench of the Kerala High Court on Tuesday stayed an order of the Additional District Magistrate (ADM), Lakshadweep, directing the Assistant Public Prosecutor (APP) at the Amini Island to attend the legal cell at the Secretariat for completing urgent pending works until further orders.
The Bench comprising Justices K. Vinod Chandran and M.R. Anitha directed the Administrator, Union Territory of Lakshadweep, to ensure that the prosecutor was posted in the island where the courts were functioning. The court issued the order on a petition filed by Muhammed Saleem K.P., Andrott Island, Lakshadweep. The petitioner contended that the present order was rampant abuse of power. The duty of the Assistant Public Prosecutor was to conduct prosecution cases before the magistrate court.
Judicial system hit
The engagement of such officers for other legal works of the government in a different place in addition to their responsibilities would adversely affect the functioning of the judicial system.
The sub-judge in the island had also informed the Bench that prosecutors were deputed to the island in Kavaratti for vetting of charges. Therefore, no cases had been posted for trial after the reopening of the courts.
In its order, the court observed: “We are of the prima facie opinion that the prosecutors appointed for the functioning of the courts are to be posted in the islands where courts are functioning and if any vetting charges have to be made by them, it is for the administration to see that the documents are transmitted to them at the island where they are supposed to function as prosecutors.”
When the case came up for hearing, the court told the counsel for the Lakshadweep administration, “You know what is happening in Lakshadweep, not about the newspaper reports and all; on the judicial side I have warned you once as I am the judge in charge of the administration there.”
The petitioner pointed out that the Assistant Public Prosecutors working at Andrott and Amini were also asked to do the legal works of several departments, including the preparation of chargesheets.
The administration should treat Assistant Public Prosecutors as independent officials and appoint them primarily to assist the courts, the petitioner contended.
The petitioner also alleged that the administration preferred contract-based appointments though it had a recruitment rule for the appointment of Assistant Public Prosecutors.