Madras HC stresses selection of law officers on professional competence

Madurai: Madras high court has stressed the need to appoint law officers on the basis of proven professional competence and suitability to assist courts effectively. The court made the observation while coming across a case where a special public prosecutor failed to inform a sessions court in Madurai that criminal appeals challenging the rejection of earlier bail applications filed by the accused were still pending.

As a result, the sessions court went on to allow their subsequent bail petitions.Justice B Pugalendhi observed that the case highlights the importance of ensuring that the state is effectively represented by competent prosecuting officers. A public prosecutor or government law officer acts as the vital link between the investigating agency and the court. If the court is not effectively assisted in these matters, not only the interests of the victims, but the broader public and societal interest suffers and ultimately, the administration of justice itself is undermined.The judge observed that it is necessary to reiterate, particularly in the context of ongoing appointments of law officers, that such selections must strictly conform to the standards already laid down. It should not remain mere formal requirements on paper. A transparent and merit-based selection process alone will inspire confidence in the institution and ensure that the government, as well as victims whom it represents, receive effective legal assistance before the courts.

The court was hearing the criminal appeals filed by Chinnadurai and Maharajan challenging the order of the III additional district and sessions judge, PCR court, Madurai which had dismissed their bail applications in Jan.The case of the prosecution is that the complainant Muthuraja, a scheduled caste man, was raising the issue relating to the restoration of about 190.74 acres of panchami land parcels in Keeranur village in Madurai district from 2024.

According to him, the land parcels were illegally occupied by the accused. Aggrieved by the same, the accused abused the complainant by referring to his caste name and assaulted him in which he sustained severe injuries.

Based on his complaint, the Melur police arrested the accused.The judge took a serious view over the fact that during the pendency of the criminal appeals, subsequent bail applications were filed by the appellants and the same was allowed by the sessions court.

The sessions judge has stated that the pendency of these appeals was not brought to his notice during the hearing. The special public prosecutor, on the other hand, states that the said fact had been mentioned in the written objections.

The appellants are presently out on bail. It is also reported that the investigation has been completed and the final report has been taken on filed by the jurisdictional court. In view of these subsequent developments, nothing further survives for consideration in these criminal appeals, the judge observed and closed the petition.