HC seeks Director Prosecution’s appearance

Srinagar: Jammu and Kashmir High Court has asked Director Prosecution to appear before it on next date of hearing to explain failure in ensuring appearance of state counsels in criminal cases pending before it for disposal.
The direction was passed by a single bench of Justice Ali Mohammad Magrey after state failed to file in time the objection to a plea by rape convict seeking bail under Juvenile Justices Act.
“Authorities are required to engage counsels to ensure proper assistance to the court in state cases and particularly criminal matters but despite directions no positive steps have been taken to ensure appearance of the counsels in criminal cases pending before this court for disposal, thereby depriving the court to get proper assistance.”
In the given circumstances, the court said, there is no option but to direct presence of Director Prosecution J&K to appear in person and explain as to why the authorities have failed to ensure presence of state counsels in the pending matters.
“(The Director) shall file an affidavit to explain steps taken for ensuring proper prosecution of the criminal matters well before the next date of hearing.”
The court also directed its registry to convey order to Advocate General, Chief Secretary and Commissioner Secretary Law Department for compliance.
The court was hearing plea for bail by the convict in case FIR 54/2004 at police station Kherbhawani Ganderbal.  The accused has been sentenced by Principal Sessions Court Ganderbal to rigorous imprisonment for 10-years.  However, the accused has sought bail under juvenile act. The court had directed state counsel to file objections but it was not filed following which court issued the directions to direction prosecution.

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