- Get the best quality tablet with great screen and great performance at the lowest price.
The Allahabad High Court, while canceling the appointment of ADG Prosecution, said in its order that the opposition does not have the prescribed qualification for appointment to this post. Accepting the petition of Kishan Kumar Pathak, a division bench of Justice SP Kesharwani and Justice Jayant Banerjee rejected the preliminary objection of Manish Goyal, Additional Advocate General of the state government, on the maintainability of the petition. Justice Banerjee, while agreeing with the judgment of Justice Kesharwani, has discussed the legal provisions in his separate judgment.
Additional Advocate General said that Section-25A is not applicable in Uttar Pradesh. Its observance is not binding. This law passed by the Parliament has not been approved by the state legislature. Under Section 25-A, for appointment to other posts including Director General, there should be ten years of advocacy experience and the appointment should have the consent of the Chief Justice.
The court said that the state government established the Directorate of Prosecution in the state on November 27, 1980, on the recommendation of the 14th Law Commission. Parliament passed Section-25A. The State Government tried to amend it, but the opinion of the Advocate General was not received, so no decision was taken. The law passed by the central government will be binding on the state. Section 25-A has been unquestionably added to the Code of Criminal Procedure. The state government had also assured the Supreme Court to implement this section in the Sadhna Sharma case. The state government is not respecting the law and the judgement. Section-25A is applicable from 23 June 2006. Along with this, the court has termed the appointment of Additional Director General Prosecution as illegal.
Get the latest news updates on Uttar pradesh