Andhra Pradesh HC to Decide if Police Can Appoint Public Prosecutors
The Andhra Pradesh High Court is set to examine whether the police can play a role in appointing public prosecutors.
A petition has been filed by High Court law clerk Balabadruni Naga Satwik questioning the legality of the Andhra Pradesh State Level Police Recruitment Board (APSLPRB) conducting recruitment for Assistant Public Prosecutors (APPs).
The plea argues that prosecutors are meant to scrutinise police investigations, and if the police itself appoints them, it creates a direct conflict of interest. It relies on the Supreme Court’s ruling in SB Shahane v. State of Maharashtra, which highlighted the need for separation between the police and the prosecution.
On September 10, a Bench led by Chief Justice Dhiraj Singh Thakur and Justice Ravi Cheemalapati issued notice to the State.
The petition also points out that the recruitment notification does not clearly mention whether the posts are permanent. This ambiguity, it argues, could lead to arbitrary temporary appointments, as seen in 2019, which goes against the principles set out in K Manjusree v. State of Andhra Pradesh.
It further stresses that Assistant Public Prosecutors are civil servants under the 1992 Rules framed under Article 309 of the Constitution. Their service carries features like probation, pay scale, pension and other benefits, giving them constitutional protection under Article 311 against unfair dismissal, as recognised in Samarendra Das v. State of West Bengal.
The petitioner has urged the Court to strike down the police’s role in APP recruitment, stating that it undermines prosecutorial independence and the fairness of trials. Advocate Arditi Venkata Naga Yaswanth appeared for the petitioner, while Advocate S Pranathi represented the State.
