Lukewarm response to State govt's new appointments

MUMBAI: The state government''s latest notification of scrapping the post of special public prosecutors (SPP) and replacing it with the post of 35 PPs and additional public prosecutors (APP) to represent the state has received a lukewarm response from experienced advocates.
On August 21, the state government issued a notification scrapping the post of SPP and not allowing the APP from taking up private cases while they represent the state.
Public prosecutor Rohini Salian, who was appointed as a SPP in 2001 said the difference between SPP and APP is that SPPs had the freedom to continue with private practice, while APPs could not. "So some SPPs represented the state in one court and privately appeared for an accused person in another court," said Salian, whose term along with four other (PPs) has been extended to two years with immediate effect.
However, some senior lawyers opined that government''s decision to scrap the panel of SPPs will influence the quality of prosecution. "Many experienced lawyers, whose names are incorporated in the recent list have expressed their desire to turn down the post of PP," said an experienced lawyer, who turned down the offer on Tuesday.
Additional public prosecutor Vasanti Joshi, who has received an extension of two years in the latest notification said, the most obvious reason is that a PP and APP did not get benefits like provident fund, gratuity, housing facility, casual leave or sick leave. "It''s a coveted post but advocates, who make more money through their private practise are a bit hesitant to accept the offer," Joshi reasoned.
The appointments of the PPs and APPs are strictly subject to the conditions of service laid down by the Maharashtra Law Officers (appointments, conditions of service and remuneration) rules 1984. The government reserves the right to revoke/modify/annul the order without assigning any reasons.
Citing the step-motherly treatment meted-out to PPs and APPs from sessions court vis-a-vis to the assistant public prosecutors appointed in magistrate courts, a renowned sessions court PP said, "these lawyers get a monthly salary equivalent to the salary drawn by us. In addition, they also get benefits like provident fund, gratuity, housing facility, casual leave and sick leave."
Salian said the appointment of PPs and APPs in sessions court is done by the law and judiciary under section 24 of the CRPC while the appointment of assistant PPs from magistrate court''s is done by the home department.