With so much injustice all over and with even the government itself breaching the law, the Courts are the last ray of hope.
It would however be nice to see our Courts being more proactive and taking prompt suo motu cognizance of issues on public interest and the welfare of the people. This would, in a way, help ensure a PIL does not end up as a Private Interest Litigation, Political Interest Litigation, Publicity Interest Litigation or worse still, a Paisa Interest Litigation.
While expressing its deep anguish over the incompetence of Public Prosecutors appearing in some cases, the Kerala High Court has recently suo motu initiated proceedings on the issue. The court has opined that though the appointment of public prosecutors was the prerogative of the government, that it cannot exercise absolute freedom on such appointments.
While observing that the appointments must be done in consultation with the Sessions judge and can be made only from a panel of lawyers prepared by the District Magistrate the High Court has very rightly stated that the District Magistrate cannot cherry pick the advocates to be appointed as Prosecutors at the instance of and based on political affiliations.
