Gujarat High Court has quashed the appointment of Raghuvir Nandkrishna Pandya, as Government Pleader cum Public Prosecutor. Justice J.B. Pardiwala allowed the Writ applications challenging the Government order appointing Pandya as the District Government Pleader and Public Prosecutor of Vadodara.
Residents of Vadodara had approached the High court praying for a writ of quo warranto removing Shri Raghuvir Pandya from the office of the District Government Pleader and Public Prosecutor, Vadodara, as according to them, he is not fit and suitable for the post. pointed out that the Supreme Court in the case of Zahira Habibulla H Sheikh V. State of Gujarat [2004(4) SCC 158] made scathing remarks against Shri Pandya in his capacity as the Public Prosecutor as regards his character, integrity and competency. They also contended that there was no effective consultation between the District Magistrate and the Sessions Judge as regards the observations of the Supreme Court and also on other vital issues. Pandya was the Public Prosecutor in 2004 and had conducted a very sensational trial popularly known as the "Best Bakery Case". Supreme Court had observed that Pandya appeared more as a defence counsel than one whose duty was to present the truth before the Court.
The grounds of challenge in the Writ application were the following
The Court allowing the applications summarized its findings in the form of guidelines to be followed in appointment of Public Prosecutors. It said