Independent public prosecution service

While he deserves commendation for making this proposal the country would like to know from him whether his ministry has taken any step towards establishing an independent public prosecution service or what deters him from implementing the idea. It is the function of his Ministry to constitute the service in question, his ministry has to initiate the process and hence he cannot find out any scapegoat for not doing it. In this connection may we request him to refer to the Legal Remembrancer's Manual, 1960, Clause 17 prescribing the procedures for appointment of Public Prosecutor ? As far as we know the procedures contained in that clause and quoted below are still valid mutatis mutandis, but it is highly doubtful whether these procedures are at all adhered to while selecting and appointing Public Prosecutors:

17. Appointment of the Public Prosecutor

Tap here to add The Daily Star as a trusted source

(i). Whenever the office of the Public Prosecutor becomes permanently vacant, the District Magistrate in consultation with the Session Judge, shall inform the Legal Remembrancer whether sufficient suitable candidates are available locally or whether application of candidates from outside the district should also be called for.

(ii). If the Legal Remembrancer decides that no suitable candidate is available locally, he may, in consultation with the District Magistrate, recommend to the Governor to fill the vacancy by transferring any other public prosecutor who is willing to accept the post.

(iii). If the vacancy is not filled by transfer, the District Magistrate shall be asked to advertise the vacancy, either generally or locally as the case may be.

(iv). When the vacancy is advertised generally all applications shall be submitted to the District Magistrate of the district in which the applicant usually practises who shall forward them to the District Magistrate of the district where the vacancy occurs with his recommendations after consultation with the District Judge as to the fitness of the applicant for the post. Applications from the candidates practising on the appellate side of the High Court shall be submitted to the Deputy Superintendent and Remembrancer of the Legal Affairs, East Pakistan. All such applications shall be forwarded to the Magistrate of the district when the vacancy occurs with the recommendations of the respective officers.

(v). All applications in respect of such advertisement shall be received by the District Magistrate, who shall forward them through the Commissioner to the Legal Remembrancer together with the recommendation of himself and the Sessions Judge.

(vi). After the Legal Remembrancer has considered all the applications he shall forward a list showing in order of preference the names of four most suitable candidates with his recommendations to the Government in the Judicial Department by whom the appointment shall be made.

(vii). All appointments made after the appointed day shall be for a period of three years and may be renewed for further period if the incumbents are found fit and efficient.

(viii). Incumbents will receive their letters of appointment through the Legal Remembrancer.

(ix). No person shall be deemed to be qualified for appointment as a Public Prosecutor until he has practised for five years as a pleader, advocate or a barrister. If the Law Ministry finds it difficult to introduce an Independent Public Prosecution Service as envisaged by the Law Minister himself what problem stands in the way of sticking to the existing procedure as prescribed by the Legal Remembrancer's Manual? A glance at the procedure will show that the existing system, if acted upon, will eliminate scope for political intervention to a great extent, which is now ruling such appointments as divulged, again, by the Law Minister, and ensure appointment of suitable candidates for these positions.

M Hafizuddin Khan is ex-C&AG.