JOIN USAn application has been filed before a city civil and sessions court challenging the appointment of a special public prosecutor (SPP) in the pub assault case involving Mohammed Haris Nalapad.
The application filed by one Alam Pasha contends that the state government did not follow the due procedure while appointing the SPP, M S Shyamsundar. The government needs to issue a notification appointing the SPP, it argues.
The state prosecutor has the obligation to act on the directions of the government whereas the SPP chosen by the victim or family might affect the prosecution. The victim may come under pressure and turn hostile if he/she is known to the suspect.
The application will be heard on Friday.
L Vidhwat's father J Loganatahan on Wednesday wrote to the chief secretary and the principal secretary (home), requesting the appointment of Shyamsundar. Loganathan feared the state prosecutor might come under "heavy influence and clout".
An SPP is appointed as per section 24 (8) of the Code of Criminal Procedure (CrPC) which reads: "The Central government or the state government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a special public prosecutor."
K V Dhananjay, a Supreme Court lawyer, said: "The government usually acts on letters. At the same time, the government should have issued the notification. The challenge is valid. But it won't affect the past arguments put forward by the SPP. In the absence of a notification, the appointment cannot be called proper. The government may issue the notification tomorrow and it will be perfectly legal."