Whether private counsel can be permitted to conduct trial in session court?
“13. From the scheme of the Code the legislative
intention is manifestly clear that prosecution in a
Sessions Court cannot be conducted by anyone
other than the Public Prosecutor. The legislature
reminds the State that the policy must strictly
conform to fairness in the trial of an accused in a
Sessions Court. A Public Prosecutor is not
expected to show a thirst to reach the case in the
conviction of the accused somehow or the other
irrespective of the true facts involved in the case.
The expected attitude of the Public Prosecutor
while conducting prosecution must be couched in
fairness not only to the court and to the
investigating agencies but to the accused as well.
If an accused is entitled to any legitimate benefit
during trial the Public Prosecutor should not
scuttle/conceal it. On the contrary, it is the duty
of the Public Prosecutor to winch it to the fore
and make it available to the accused. Even if the
defence counsel overlooked it, the Public
Prosecutor has the added responsibility to bring
it to the notice of the court if it comes to his
knowledge. A private counsel, if allowed a free
hand to conduct prosecution would focus on
bringing the case to conviction even if it is not a
fit case to be so convicted. That is the reason why
Parliament applied a bridle on him and subjected
his role strictly to the instructions given by the
Public Prosecutor.
14. It is not merely an overall supervision which
the Public Prosecutor is expected to perform in
such cases when a privately engaged counsel is
permitted to act on his behalf. The role which a
private counsel in such a situation can play is,
perhaps, comparable with that of a junior
advocate conducting the case of his senior in a
court. The private counsel is to act on behalf of
the Public Prosecutor albeit the fact that he is
engaged in the case by a private party. If the role
of the Public Prosecutor is allowed to shrink to a
mere supervisory role the trial would become a
combat between the private party and the
accused which would render the legislative
mandate in Section 225 of the Code a dead
letter.”
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.131 of 2016
(@ Special Leave Petition (Criminal) No. 837 of 2016)
Anant Prakash Sinha @ Anant Sinha …Appellant
Versus
State of Haryana & Anr. …Respondents
Citation:(2016) 6 SCC105
Dipak Misra, J.
Dated:March, 4, 2016
intention is manifestly clear that prosecution in a
Sessions Court cannot be conducted by anyone
other than the Public Prosecutor. The legislature
reminds the State that the policy must strictly
conform to fairness in the trial of an accused in a
Sessions Court. A Public Prosecutor is not
expected to show a thirst to reach the case in the
conviction of the accused somehow or the other
irrespective of the true facts involved in the case.
The expected attitude of the Public Prosecutor
while conducting prosecution must be couched in
fairness not only to the court and to the
investigating agencies but to the accused as well.
If an accused is entitled to any legitimate benefit
during trial the Public Prosecutor should not
scuttle/conceal it. On the contrary, it is the duty
of the Public Prosecutor to winch it to the fore
and make it available to the accused. Even if the
defence counsel overlooked it, the Public
Prosecutor has the added responsibility to bring
it to the notice of the court if it comes to his
knowledge. A private counsel, if allowed a free
hand to conduct prosecution would focus on
bringing the case to conviction even if it is not a
fit case to be so convicted. That is the reason why
Parliament applied a bridle on him and subjected
his role strictly to the instructions given by the
Public Prosecutor.
14. It is not merely an overall supervision which
the Public Prosecutor is expected to perform in
such cases when a privately engaged counsel is
permitted to act on his behalf. The role which a
private counsel in such a situation can play is,
perhaps, comparable with that of a junior
advocate conducting the case of his senior in a
court. The private counsel is to act on behalf of
the Public Prosecutor albeit the fact that he is
engaged in the case by a private party. If the role
of the Public Prosecutor is allowed to shrink to a
mere supervisory role the trial would become a
combat between the private party and the
accused which would render the legislative
mandate in Section 225 of the Code a dead
letter.”
Reportable
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.131 of 2016
(@ Special Leave Petition (Criminal) No. 837 of 2016)
Anant Prakash Sinha @ Anant Sinha …Appellant
Versus
State of Haryana & Anr. …Respondents
Citation:(2016) 6 SCC105
Dipak Misra, J.
Dated:March, 4, 2016
