HC fiat on posting of DG of Prosecution

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KOCHI: The Kerala High Court on Tuesday directed the state government to produce the administrative order regarding the appointmen..

KOCHI: The Kerala High Court on Tuesday directed the state government to produce the administrative order regarding the appointment of advocate Asaf Ali as the DirectorGeneral of Prosecution.
A Division Bench comprising Chief Justice J Chelameswar and Justice P R Ramachandra Menon issued the directive while considering a petition filed by advocate E A Thankappan seeking a directive to quash the appointment of Asaf Ali. The petitioner submitted before the court that Asaf Ali does not have the qualifications prescribed by the rules to be appointed as the DirectorGeneral of Prosecution or in the capacity as any government law officer.

As per section 24 of CrPC, to get appointed as the public prosecutor one must have at least ten years' practice, of which at least five years should be in the High Court. Asaf Ali does not even have three years' experience at the High Court as a practising advocate, the petitioner submitted.

The Government Pleader submitted that only administrative sanction was required to appoint the DirectorGeneral of Prosecution.