The High Court of Uttarakhand has sought a response from the Uttarakhand government over the appointment of a police officer as the state’s Director of Prosecution. While hearing a petition challenging the appointment, the court asked the government to clarify the rules governing appointments to the post and directed it to file its reply within one month.
The matter was heard by a division bench comprising Manoj Kumar Gupta and Subhash Upadhyay. During the proceedings, the petitioner’s counsel informed the court that although the state had previously been directed to explain its position, no response had been filed so far.
The petition was filed by Keshar Singh Chauhan, who challenged the appointment of a police officer as Director of Prosecution. The petitioner argued that despite the formation of Uttarakhand nearly 26 years ago, the post has consistently been held by police officers, which allegedly violates the provisions of Section 20 of the Bharatiya Nagarik Suraksha Sanhita.
According to the petition, the law provides that the post of Director of Prosecution should be filled by a retired Sessions Judge or an advocate with at least 15 years of legal practice. It further contends that appointing a police officer to the position is contrary to the statutory provisions and also inconsistent with the principles laid down by the Supreme Court of India.
The petitioner also argued that the prosecution department is intended to function independently from the police to ensure impartiality in criminal proceedings. Appointing a police officer to head the department, the plea states, could undermine the independence of the prosecution system and potentially affect the fairness of investigations.
The petition has requested the High Court to direct the state government to appoint a retired Sessions Judge or an advocate with a minimum of 15 years’ experience who fulfills the eligibility criteria prescribed under the law.
