Frame guidelines for appointment of law officers

Appointment of State law officers and prosecutors on the strength of their legal acumen and not just owing to their loyalty to the ruling party gained strong credence with the Madras High Court directing the Government to frame guidelines for their appointment.

By :  migrator
Update: 2016-09-15 19:53 GMT
Madras High Court

Chennai

The first bench comprising Chief Justice Sanjay Kishan Kaul and Justice R Mahadevan on observing that governments in Kerala and Karnataka have come up with clear cut guidelines for the appointment of law officers, directed the Tamil Nadu Government to come out clear on the basis in which the present law officers were appointed and evolve clear cut guidelines for further such appointments and posted the case for further hearing to October 20. 

The bench has been hearing two separate PILs moved by advocate V. Vasanthakumar, and another by Vaira Sekar seeking similar relief, on the basis of the March 30 Supreme Court ruling that state must have both search and selection committees to finalise names. 

The pleas had submitted that the post of law officer was not a political one, but a public post with greater responsibility in the administration of justice. Unless the appointment of law officers was fairly based on merit, ability and integrity, the justice delivery system would be in peril. The pleas had also contended that these law officers conduct the cases on behalf of the State and not at the instance of the ruling party. 

However, in reality whichever party comes t o power, the advocates, who owe allegiance to that party alone are appointed. Even the posts of the Advocate-General and Public Prosecutor are not spared. 

It may be noted that the bench in its earlier order on July 22 had made it clear that any further appointment would be subject to the final outcome of the PILs. 

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