Himachal Pradesh High Court Wants State Public Prosecutors To Do A Course On Ethics And Morality

Krishnendra Joshi Jul 25, 2022

In Himachal Pradesh, public prosecutors colluding with politicians to get a favourable order or a case transferred is a common sight. In a fitting case demonstrating the same, the Himachal Pradesh High Court has come down heavily on the practice and recommended a course on ethics for public prosecutors. The court reminded the petitioner that fairness is the cornerstone of the work of a public prosecutor, and the aspect of fairness extends to his responsibility toward the state to conduct a fair trial.

While lamenting the corrupt and immoral behaviour of the public prosecutor in the instant case, the Court reiterated the fact that the duty of the public prosecutor lies towards the State and not toward the investigating agencies.

The Court was hearing a petition filed by a prosecutor challenging the transfer of another prosecutor, who obtained the same on the basis of a Demi-Official (DO) note signed by a local Member of Legislative Assembly (MLA). Interestingly, the petitioner in the case had also obtained a similar DO note for his transfer with the help of another MLA.

Witnessing the corruption prevalent in the system, the court was apprehensive as to whether new persons joining as PP are even remotely aware of the significance of their office and the conduct expected from them in the course of their duty.

While issuing a direction to the Director of Himachal Pradesh Judicial Academy to design a program on ethics and morality within four weeks, the court said,

"let all the Public Prosecutors inducted in service over the last 15 years, irrespective of their ranks as Additional Public Prosecutor or Public Prosecutor, undergo a refresher course designed, laying special emphasis on ethics, morality and conduct expected of a Public Prosecutor in the Himachal Pradesh Judicial Academy, Shimla."

While cancelling the transfer order of the petitioner, the court decided to do away with the practice of DO notes for effecting transfer of public prosecutors. Consequently, 2013 guidelines in this regard under administrative authority are to followed.

Advocate Anup Rattan appeared for petitioner.

Advocate General Ashok Sharma along with Senior Additional AG Rajinder Dogra, Additional AGs Vinod Thakur and Shiv Pal Manhans represented the State.

Advocate Tarun Sharma appeared for MLA Arun Kumar.