Madras High Court Directs Tamil Nadu Government to Clarify Prosecution Appointment Procedure

The Madras High Court has given the Tamil Nadu government two weeks to explain its procedure for appointing Directors and Deputy Directors of Prosecution. Public prosecutors appointed through the Tamil Nadu Public Service Commission challenged a law allowing lawyers without trial court experience to hold these top positions. The case highlights a dispute over whether prosecution leadership should be filled through merit-based civil service recruitment or allow external appointments.
The Madras High Court's First Division Bench, led by Chief Justice Sushrut Arvind Dharmadhikari, granted a fortnight for the Tamil Nadu government to outline its appointment procedure for senior prosecution posts following a petition by five Additional and Assistant Public Prosecutors. The petitioners, all appointed through the Tamil Nadu Public Service Commission, challenged Section 20 of the Bharatiya Nagarik Suraksha Sanhita (BNSS), arguing it unconstitutionally allows lawyers without trial court experience to become Director, Deputy Director, or Assistant Director of Prosecution. They sought to restrict these positions to TNPSC-appointed prosecutors and require Chief Justice concurrence for top appointments. A related petition seeking to remove the incumbent Director of Prosecution became moot after the government terminated his service. The court's directive reflects ongoing tensions between civil service recruitment standards and executive flexibility in appointing senior law enforcement officials.
What different sources said
- The HinduCenter
How do you intend to appoint Director of Prosecution? Madras High Court asks T.N. Govt
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