High Court notice on director of prosecution post
The petition filed by advocate Madhupu Shashikanth and another petitioner contends that Vyjayanthi's appointment violates Section 25A(2) of the Criminal Procedure Code, as amended in 2006, and the Bharatiya Nagarik Suraksha Sanhita, 2023
Hyderabad: Justice B. Vijaysen Reddy of the Telangana High Court has issued a notice in response to a quo warranto writ petition challenging the appointment and continuation of G. Vyjayanthi as director of prosecutions, Telangana.
The petition filed by advocate Madhupu Shashikanth and another petitioner contends that Vyjayanthi's appointment violates Section 25A(2) of the Criminal Procedure Code, as amended in 2006, and the Bharatiya Nagarik Suraksha Sanhita, 2023. According to the petitioners, the law stipulates that only advocates with at least 10 years of practice are eligible for appointment as director of prosecutions or deputy director of prosecutions, with the concurrence of the Chief Justice of the High Court.
The petitioners argue that Vyjayanthi, who started as an assistant public prosecutor with only 3 to 4 years of standing at the bar, allegedly misrepresented or misled the state government to secure her appointment as director of prosecutions, contrary to legal requirements. They further alleged that she continues to hold the position without meeting the eligibility criteria mandated by law.
Further, the petition seeks to restrain Vyjayanthi from continuing in her role as director citing a Government Order dated March 16, 2021, issued by the state government, which allegedly overrides the provisions of the Criminal Procedure Code. The petitioners also accuse Vyjayanthi of influencing the state government to issue another Government Order, GO Ms. No. 50 of August 5, 2023, rescinding a previous order of abeyance.