The Kerala High Court has dismissed a petition challenging the stipulation that three years of experience as practising lawyer in criminal courts is mandatory for applying to the post of Assistant Public Prosecutor (APP) Grade-II.
The petition by two lawyers challenged the stipulation in a notification issued by the Kerala Public Service Commission inviting applications for the post of APP. The petitioners contended that the requirement of experience prescribed in the notification was discriminatory as no such Bar experience had been prescribed for the appointment of presiding officers of the courts where the Assistant Public Prosecutor intend to prosecute cases.
Intensive training
The court pointed out that a magistrate selected for appointment was given intensive training in the judicial academy. There was no system for giving training for Assistant Public Prosecutors before their appointment. Therefore, the arguments of the petitioners cannot stand legal scrutiny. The court also added that APP were officers of the courts who assisted in the administration of justice. They must be unbiased, just and truthful. A high level of competency was expected from Public Prosecutors and Assistant Public Prosecutors. The government therefore was justified in insisting on the Bar experience.
