The Assam Cabinet has approved the creation of the Directorate of Prosecution under section 25(A) of the Code of Crimil Procedure, 1973 at its meeting held in 2015.
The proposed structure of the Directorate of Prosecution is indicated in the memorandum to streamline the system of prosecution in the State and to discontinue the current system of public prosecutors (PPs) and additional public prosecutors (PPs).
The Government is presently taking steps for creation of the various posts of the Directorate of Prosecution and the Draft Rule for prosecution services is also being framed.
Strengthening of the Prosecution machinery in the State is an issue that has gathered significance since the last few years at a time when the State is burdened by the spectre of serial militancy and enough attention could not be paid to ensuring effective and quality crime investigation and prosecution.
A committee of officers consisting of S.C. Das, then Principal Secretary, Home & Political Department and Mukesh Sahay, then IGP (CID), Assam had undertaken a study of the Prosecution System in the State of Tamil Nadu in 2010 and recommended adoption of a similar organizational structure for strengthening the Prosecution System in Assam.
Further, one of the 153 recommendations of the Administrative Reforms Commissions 5th report titled “Public Order: Justice for each… Peace for all” is on reforming the prosecution system and putting in place a competent structure with a Chief Prosecutor for the State.
Assam has one of the weakest prosecution systems in the country with a conviction rate of 14 per cent during the year 2014. Strengthening the prosecution wing of the criminal justice system is one of the most essential requirements of the hour in the State.
To achieve the objectives with a
view to promoting fair, impartial
and expeditious justice with profi-
ciency and accountability, the pub-
lic prosecutors should be appoint-
ed by formulating recruitment
rules by the respective state gov-
ernments with new legal technol-
ogy, new judicature methods and
newly oriented jurisprudence and
while making such rules as far as
practicable, sufficient numbers of
women public prosecutors be ap-
pointed so that they can effectively
deal with cases in respect of offenc-
es against women and girls.
Therefore, it is the duty of all
respective state governments to
establish full-fledged directorates
of prosecution at the earliest and
to formulate the prosecution serv-
ice rules to fulfil the intention of
the Parliament for enacting such a
law to safeguard the rights and in-
terests of the victim in particular
and public in general.
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