Poor Assistance By State Counsel Leads To Delays In Proceedings & Affects Vital Interests Of Victim, Administration Of Criminal Justice: Calcutta High Court

The Calcutta High Court has recently pulled up a State counsel upon finding that he had never appeared in criminal cases before the High Court and was unable to answer simple queries of the court regarding the Criminal Procedure Code (CrPC).

A division bench of Justices Joymalya Bagchi & Gaurang Kanth was taking up a bail matter, and granted bail to the petitioner while referring the performance of the state counsel to the Legal Remembrancer. It said:

You have not appeared in any criminal cases before the HC? Do you know the number of cases you need to appear in to become a public prosecutor? What is the provision under the CrPC defining the selection of a public prosecutor? Under what provision of law are panels formed? How will you protect the interests of the victim and the state? Is a public prosecutor defined in CrPC? Do you have a copy of the CrPC? We will refer your performance to the Legal Remembrancer. We are extremely distressed at your experience. You stated that you have no experience appearing in criminal matters in the HC. You can't even tell us whether PP is defined under the CrPC

These observations came in a bail plea when the bench asked the State counsel for the stance on the issue. It was submitted by the counsel that he opposed the prayer for bail but due to the absence of his senior, he was unable to make elaborate submissions.

Upon being asked about his experience, the Counsel submitted that he had never appeared before the HC in criminal matters before. 

In expressing its distress to this submission, the Bench stated: We are distressed to note that the prosecution was represented by a lawyer who himself claimed to have no experience in appearing in criminal matters in the HC. On repeated queries he was unable to respond to simple questions. He could not tell us under what provision of law public prosecutors are appointed.

Poor assistance by state counsel leads to delays in proceedings and affects vital interests like fair and effective administration of criminal justice and protection of victims' interest. It is expected that the panel of PPs selected to assist the HC has adequate experience and expertise in criminal law. We sadly note the absence in the present case. We express our deep concern and refer the matter to the Legal Remembrancer for necessary steps, it added.

Accordingly, the Bench directed for a copy of the order to be sent to the Legal Remembrancer for compliance.