No guidelines for appointment of SPP, CM apprised via Grievance Cell

Law department yet to get a catch!!

Early Times, Page, 1. 16/July/2012 7/16/2012 12:57:01 AM

Sumit Sharma Jammu, July 15: It may sound surprising to all sane minds but it is true that the Department of Law,  Justice, Parliamentary Affairs and Human Rights Department, a nodal organization to deal with all the  Constitutional and legal business to litigation of Government itself is devoid of norms, guidelines and procedure  in respective of appointment of Special Public Prosecutor (SPP). The Special Public Prosecutor (SPP),  who plays a significant role in helping and assisting the judiciary to come at a rightful decision and do the  justice but some aggrieved families presently facing legal battle lamented that there is no fixed  rule of the Law Department to allow permissions  to the aggrieved parties to appoint their own SPP.  "The SPPs are often deputed by the  'pick and choose' policy of the concerned department,   alleged a kin of an aggrieved family  further adding, " they wanted  a change in system and thus  have communicated to the Chief Minister  through his specially maintained  'Grievances Cell.'   The startling revelation were made in this regard  when law department admits the fact in reply to a   question put up in RTI application by RTI activist  Deepak Sharma. In reply to RTI application having   number LD/SSL/IAA/RTI/2012, the Law  Department admitted the lacunae while refusing to provide  the  certified copy of the norms,  procedures and guidelines for appointment of SPP.  Feeling the gravity of the issue, Raman Sharma,  an RTI activist also has lodged complaint in Chief Minister  Grievance Cell.  "In the complaint  vide no  32822,  CM has been apprised about the significance  of SPP  while demanding his intervention, he stated in  his complaint.  Time and again the question regarding procedure of appointment of SPP has  been erupted, but in every  case the questioner was remained at receiving end.  Pertinently in a trial of Manju Gulati, widow of Sanjay Gulati V/s State of Jammu and Kashmir through Secretary to Government, Law Department Civil Secretariat, Srinagar the direction to disclose the policy, guidelines and procedure  for the appointment of SPP in criminal cases from High Court was sought, while intimating Law Secretary  for appointment of advocate Sunil  Sethi after having his consent. In this particular case, her husband was allegedly murdered by her   brother in law and a case under  FIR No 57/2010 was registered with Pacca Danga police station.  In reply I.G.H Tantray, Secretary  to Government Department of Law, Justice and Parliamentary  Affairs referring  section 492 (1) of the code of Criminal Procedure 1989 said, " the department is  often receiving requests for  appointment of SPP. SPP is appointed on various grounds and on  case to case basis keeping in view the gravity of the heinousness of crime, willingness of the counsel,  fallout of the crime on law and order situation of the state, maladies against Public Prosecutor and  other relevant factors  including proximity or relationship of the Public Prosecutor with the  accused and more particularly  the complaint against the Public Persecutor or advocate  representing the state, if any.  The appointment of SPP is, however, made in exceptional  cases only and not a as routine"  http://earlytimesnews.com/newsdet.aspx?q=96412