Amaravati: The Andhra Pradesh High Court is examining a plea challenging the power of the State Police Recruitment Board to appoint Assistant Public Prosecutors (APPs). The petition raises concerns of conflict of interest and violation of prosecutorial independence.
Plea Flags Conflict of Interest
The petition, filed by High Court law clerk Balabadruni Naga Satwik, contests the constitutional validity of entrusting the Andhra Pradesh State Level Police Recruitment Board (APSLPRB) with prosecutor recruitment. It argues that prosecutors are meant to scrutinise police investigations, making police-led appointments a direct conflict of interest.
The plea relies on the Supreme Court’s ruling in SB Shahane v. State of Maharashtra, which emphasized the separation of police and prosecution.
Court Issues Notice
A Bench of Chief Justice Dhiraj Singh Thakur and Justice Ravi Cheemalapati issued notice to the State on September 10, seeking its response. The matter questions both the legality and fairness of the recruitment process.
The petition highlights that the recruitment notification is unclear on whether APP posts are permanent. It points to a similar situation in 2019, where temporary appointments were made contrary to principles established in K Manjusree v. State of Andhra Pradesh.
Status of APPs as Civil Servants
The plea asserts that APPs are civil servants under the 1992 Rules framed under Article 309 of the Constitution. It stresses that their roles include probation, pay scale, pension, and other service benefits. Citing Samarendra Das v. State of West Bengal, the plea maintains that APPs are entitled to constitutional protection under Article 311 against arbitrary termination.
The petition underlines institutional bias, arguing that police control over APP appointments undermines prosecutorial independence and risks weakening the right to a fair trial.
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