Appointment As Govt Pleader Or Public Prosecutor Not A 'Right', No Reservation Provided For Persons With Benchmark Disabilities Under RPwD Act: Kerala HC
1 month ago

Appointment As Govt Pleader Or Public Prosecutor Not A 'Right', No Reservation Provided For Persons With Benchmark Disabilities Under RPwD Act: Kerala HC

Live Law  

The Kerala High Court has ruled that reservation to persons with benchmark disabilities under Section 34 of the Rights of Persons with Disabilities Act, 2016 cannot be extended while appointing government pleaders and public prosecutors, as they do not have a specific cadre strength, and therefore, no vacancies within a cadre where such reservations can be applied. The Counsel for Petitioners submitted that post of Public Prosecutor is a public employment made by the State and therefore reservation must be given to persons with benchmark disabilities as per Section 34. On the other hand, the Government Pleader submitted that Section 34 envisages reservation based on vacancies in the cadre strength and that there was no cadre strength for Public Prosecutors for giving reservations. As, such the Court concluded that appointment of the Government Pleader and Public Prosecutor is not an appointment in a service which has a defined cadre strength, as there are no vacancies within a cadre for making 4% reservation and thus Section 34 cannot be applied.

Public Prosecutor Court Vacancies Public Prosecutors Public Prosecutor Strength Appointment Persons Benchmark Disabilities Cadre Section 34 Government Pleaders Government Pleader Not A Pleader No Vacancies Reservation Provided  strength  pleader  public  persons  hc  rpwd  kerala  vacancies  right  cadre  prosecutor  appointment  34  reservation  provided

History of this topic

Govt Pleaders & Prosecutors Must Be Appointed On Merit; Not On Political Considerations Or Nepotism : Supreme Court
1 month, 3 weeks ago

Govt Pleaders & Prosecutors Must Be Appointed On Merit; Not On Political Considerations Or Nepotism : Supreme Court

Live Law  

The Supreme Court on Wednesday bemoaned the trend of Governments appointing Government Pleaders and Public Prosecutors in High Courts on political considerations. The Court said that "favouritism and nepotism" should not be factors while appointing Government Pleaders and Public Prosecutors.A bench comprising Justice JB Pardiwala and Justice R Mahadevan observed :"This judgement is. The Court said that "favouritism and nepotism" …

Reservation Provided Under Rights Of Persons With Disabilities Act Is Confined To Posts Identified By Appropriate Government: Kerala HC
2 months ago

Reservation Provided Under Rights Of Persons With Disabilities Act Is Confined To Posts Identified By Appropriate Government: Kerala HC

Live Law  

The Kerala High Court observed that reservation provided under Section 34 of the Rights of Persons with Disabilities Act is confined to the posts which are identified by the government for persons with benchmark disabilities under Section 33. As per Section 33, the appropriate Government shall identify posts in the establishments which can be held by respective category of persons …

Victim Has Right To Participate In Trial But Can't Override Public Prosecutor: Delhi High Court
4 months ago

Victim Has Right To Participate In Trial But Can't Override Public Prosecutor: Delhi High Court

Live Law  

The Delhi High Court has recently observed that a victim has a right to participate in the criminal proceedings but cannot override the Public Prosecutor who acts as an independent Officer of the Court. Justice Subramonium Prasad said that the right of participation would always mean right to be heard but the victim's counsel cannot override an argument taken by …

HC Joint Action Committee Requests Telangana AG To Exclude Non-Telangana Candidates From Posts Of Govt Pleaders, Standing Counsels & Public Prosecutors
1 year, 1 month ago

HC Joint Action Committee Requests Telangana AG To Exclude Non-Telangana Candidates From Posts Of Govt Pleaders, Standing Counsels & Public Prosecutors

Live Law  

The Telangana High Court Joint Action Committee has submitted a representation before the Advocate General for the State requesting him not to consider non-Telangana Advocates for the posts of government pleaders, standing counsels, and public prosecutor. The representation was submitted on 3rd February, shortly after the passing of GO 66 of 2024, by way of which, 5 advocates were selected …

Kerala High Court Directs Principal District Magistrates To File Report On Manner Of Appointment Of Public Prosecutors
3 years, 3 months ago

Kerala High Court Directs Principal District Magistrates To File Report On Manner Of Appointment Of Public Prosecutors

Live Law  

In a suo motu writ petition initiated to investigate the matter of appointment of Public Prosecutors in the State, the Kerala High Court has directed all Principal District Judges to file a report regarding the same.This comes after a Division Bench comprising Justice K. Vinod Chandran and Justice C. Jayachandran noted the abject incompetence displayed by the prosecution while dealing. …

Kerala Government Appoints 105 Law Officers To Represent The State Before High Court
3 years, 7 months ago

Kerala Government Appoints 105 Law Officers To Represent The State Before High Court

Live Law  

The Kerala government has notified the appointment of 20 Special Government Pleaders, 53 Senior Government Pleaders, and 52 Government Pleaders for representing the State in cases before the Kerala High Court.On 26th July, Advocate General Gopalakrishna Kurup K had forwarded a list of names of eligible advocates to be appointed as government law officers as per the Kerala Government Law. …

Kerala High Court Stays Lakshadweep Order Directing Assistant Public Prosecutor To Do Legal Work At Secretariat
3 years, 9 months ago

Kerala High Court Stays Lakshadweep Order Directing Assistant Public Prosecutor To Do Legal Work At Secretariat

Live Law  

The Kerala High Court has stayed the Order of an Additional District Magistrate in Lakshadweep that directed the Prosecutor of the Amini Island to "attend the Legal Cell, Secretariat for completing urgent pending works until further orders". "The action of the officials temporarily removing the Assistant Public Prosecutor from courts work until further orders will adversely affect the Criminal Justice …

Assistant Public Prosecutor / Additional Government Pleader Vacancy At Lakshadweep Administration
4 years, 6 months ago

Assistant Public Prosecutor / Additional Government Pleader Vacancy At Lakshadweep Administration

Live Law  

Lakshadweep Administration invites application form eligible local candidates of Lakshadweep for the post of Assistant Public Prosecutor / Additional Government Pleader under the Collectorate on contractual basis. Name of the Post: Assistant Public Prosecutor / Additional Government Pleader No. The candidates should submit their application in the prescribed format (Annexure-A addressed to the Additional District Magistrate, (Collectorate, Kavaratti- 682555, superscripted …

'Justice Dispensation Mechanism In Lakshadweep In Shambles': PIL In Kerala HC
4 years, 7 months ago

'Justice Dispensation Mechanism In Lakshadweep In Shambles': PIL In Kerala HC

Live Law  

A plea has been filed before the Kerala High Court highlighting the plight of judicial administration in the Union Territory of Lakshwadeep. In the Assistant Sessions Court/Chief Judicial Magistrate Court/ Sub- Court of Lakshadweep at Amini Island, however where an additional public prosecutor/ additional government pleader is required to be appointed for the effective conduct of cases, the above said …

Kerala HC Asks Centre About Exemption For Advocates Offices During Lockdown To Ensure 'Access To Justice'
4 years, 11 months ago

Kerala HC Asks Centre About Exemption For Advocates Offices During Lockdown To Ensure 'Access To Justice'

Live Law  

Expressing that functioning of advocates' offices was necessary for securing the fundamental right of access to justice, the High Court of Kerala on Tuesday sought to know from the Central Government if it was possible to grant relaxations for advocates from the lockdownA bench headed by Justice Devan Ramachandran asked the Central Government Counsel to get instructions from the Ministry …

Petition In SC Challenges Appointment Process Of Public Prosecutors In Kerala [Read Petition]
5 years, 4 months ago

Petition In SC Challenges Appointment Process Of Public Prosecutors In Kerala [Read Petition]

Live Law  

A Writ Petition has been filed in the Supreme Court of India to strengthen the prosecution machinery across the country, especially in the State of Kerala in pursuance of the provisions in Section 24, 24 and 25A of the Code of Criminal Procedure, 1973. Every Public Prosecutor, Additional Public Prosecutor and Special Public Prosecutor appointed by the State Government under …

Appoint Competent Advocates As Public Prosecutors, Kerala HC Tells Government [Read Judgment]
5 years, 8 months ago

Appoint Competent Advocates As Public Prosecutors, Kerala HC Tells Government [Read Judgment]

Live Law  

Failure to appoint competent persons amounts to miscarriage of justice, remarked the High Court of Kerala while asking the Government to ensure that competent Advocates are appointed as Government Pleaders and Public Prosecutors at District levels.In most of the cases we find that the Prosecution is not being conducted properly and even the basic knowledge which are necessary to conduct. …

Kerala HC Directs Re-Assessment Of Merits Of 3 Special Prosecutors Appointed In POCSO Courts [Read Judgment]
6 years, 3 months ago

Kerala HC Directs Re-Assessment Of Merits Of 3 Special Prosecutors Appointed In POCSO Courts [Read Judgment]

Live Law  

The High Court of Kerala has directed the re-assessment of merits of three Special Public Prosecutors appointed in the Special Courts under the Protection of Children from Sexual Offences Act 2012 in the Districts of Kollam, Wayanad and Malappuram.The Court found that all vital information regarding those Prosecutors were not furnished by the District Collectors to the. The High Court …

Kerala HC Directs Re-Assessment Of Merits Of 3 Special Prosecutors Appointed In POCSO Courts [Read Judgment]
6 years, 3 months ago

Kerala HC Directs Re-Assessment Of Merits Of 3 Special Prosecutors Appointed In POCSO Courts [Read Judgment]

Live Law  

The High Court of Kerala has directed the re-assessment of merits of three Special Public Prosecutors appointed in the Special Courts under the Protection of Children from Sexual Offences Act 2012 in the Districts of Kollam, Wayanad and Malappuram.The Court found that all vital information regarding those Prosecutors were not furnished by the District Collectors to the. The High Court …

Breaking: Bombay HC Quashes Government Resolution Making It Mandatory For Assistant Public Prosecutors To Secure 25% Conviction For A Promotion [Read Judgment]
6 years, 4 months ago

Breaking: Bombay HC Quashes Government Resolution Making It Mandatory For Assistant Public Prosecutors To Secure 25% Conviction For A Promotion [Read Judgment]

Live Law  

The Bombay High Court has quashed a government resolution dated May 12, 2015 imposing a condition that the Assistant Public Prosecutor, whose rate of conviction is less than 25% of the cases handled by him, is not entitled to promotion.Division bench of Justice SV Gangapurwala and Justice SK Kotwal at Aurangabad held that the said notification was irrational, unreasonable and …

Assistant Public Prosecutors Can’t Claim Parity With Public Prosecutors On Retirement Age: SC [Read Judgment]
6 years, 10 months ago

Assistant Public Prosecutors Can’t Claim Parity With Public Prosecutors On Retirement Age: SC [Read Judgment]

Live Law  

"After appointment, Assistant Public Prosecutors are entitled to all service benefits as are enjoyed by the other government employees without any exception. A bench of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud said, “The fact that the nature of duties and functions of Assistant Public Prosecutors and Public Prosecutors are similar, per se, cannot be the …

Assistant Public Prosecutors Can’t Claim Parity With Public Prosecutors On Retirement Age: SC [Read Judgment]
6 years, 10 months ago

Assistant Public Prosecutors Can’t Claim Parity With Public Prosecutors On Retirement Age: SC [Read Judgment]

Live Law  

"After appointment, Assistant Public Prosecutors are entitled to all service benefits as are enjoyed by the other government employees without any exception. A bench of Chief Justice Dipak Misra, Justice AM Khanwilkar and Justice DY Chandrachud said, “The fact that the nature of duties and functions of Assistant Public Prosecutors and Public Prosecutors are similar, per se, cannot be the …

Madras High Court concerned over delay in appointing law officers
7 years, 4 months ago

Madras High Court concerned over delay in appointing law officers

Deccan Chronicle  

Madurai: Criticising the Tamil Nadu government for its lack of concern over appointment of law officers in the districts courts in the state, Justice R Mahadevan doubted the functioning of the government in this matter. “When it comes to a question over the appointment of public prosecutors, we are doubtful whether the government is functioning or not,” the Judge observed …

An advocate cannot plead and argue a case solely on the basis of a power of attorney: Kerala HC [Read Order]
8 years, 8 months ago

An advocate cannot plead and argue a case solely on the basis of a power of attorney: Kerala HC [Read Order]

Live Law  

A two judge bench of the High court of Kerala, comprising of Justice V Chitambaresh and Justice K Ramakrishnan in Brenda Barbara Francis v Adrian Miranda has ruled that an advocate cannot plead and argue a case as a power of attorney holder on behalf of the parties.The petitioner who was represented by a power of attorney holder, who was …

An advocate cannot plead and argue a case solely on the basis of a power of attorney: Kerala HC [Read Order]
8 years, 8 months ago

An advocate cannot plead and argue a case solely on the basis of a power of attorney: Kerala HC [Read Order]

Live Law  

A two judge bench of the High court of Kerala, comprising of Justice V Chitambaresh and Justice K Ramakrishnan in Brenda Barbara Francis v Adrian Miranda has ruled that an advocate cannot plead and argue a case as a power of attorney holder on behalf of the parties.The petitioner who was represented by a power of attorney holder, who was …

District pleaders top priority: LDF
8 years, 9 months ago

District pleaders top priority: LDF

Deccan Chronicle  

Kochi: The newly elected LDF government has decided to appoint district level government pleaders first before turning their attention to Government pleaders at the Kerala High Court. He added that the government is yet to finalise the appointment of Advocate General and Director General of Prosecution at Kerala High Court. Concurrence of High Court is needed to appoint Director General …

Jayalalithaa case was prejudiced, says Special Public Prosecutor-IndiaTV News
9 years, 10 months ago

Jayalalithaa case was prejudiced, says Special Public Prosecutor-IndiaTV News

India TV News  

New Delhi: Special Public Prosecutor B V Acharya on Monday said the prosecution case had been "seriously prejudiced" in the disproportionate assets case against former Tamil Nadu Chief Minister Jayalalithaa and three others, as the state of Karnataka and SPP appointed by it was denied an opportunity to convince High Court through oral arguments. Acharya said he was appointed as …

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