The Court explained that though the decision to appoint a Public Prosecutor or Special Public Prosecutor in a criminal case lies solely with the government, the victim or their representative also has a say in the matter.
Justice A Badharudeen said that a victim or somebody on their behalf can request for the appointment of a lawyer of his or her choice as the prosecutor, where such a lawyer is competent to be appointed in such a capacity.
However, the Court clarified that the final decision would rest with the concerned government (Central government, in this case).
“Thus, while holding that, appointment of Public Prosecutor or Special Public Prosecutor is the absolute power of the appropriate Government, it is ordered that the respondents concerned may consider prayers in … representations, in consideration of the plight of the petitioner in the facts of the given case, so as to appoint Adv. Rajesh M. Menon as the Special Public Prosecutor in the present case,” it ordered in the June 12 judgment.
An appropriate decision in this matter shall be taken within three months, the Court added.
Source: Barandbench
