Appointment of an IPS as head of UP Prosecution Directorate is illegal: HC

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The Allahabad High Court on Friday declared the appointment of senior IPS officer Ashutosh Pandey as the head of the Uttar Pradesh Directorate of Prosecution as illegal and without authority of law.

The court said the appointment was contrary to statutory provisions of the Code of Criminal Procedure (CrPC), which states that a person holding this post must be in practice as an advocate for not less than 10 years and such an appointment should be made with the concurrence of the chief justice of the state's high court.

Besides, the court also directed the state government to ensure the appointment of a new director of prosecution within six month's time.

Allowing a petition filed by Kishan Kumar Pathak, a division bench comprising Justice Surya Prakash Kesarwani and Justice Jayant Banerji observed, "Provisions of section 25A(2) of the CrPC are mandatory. In the present case, Ashutosh Pandey, neither possesses the essential qualification nor his appointment has been made with the concurrence of the chief justice of the high court."

The court held the appointment as illegal and without authority of law.

A 1992-batch IPS officer Pandey is currently the additional director general prosecution and heads the directorate of prosecution.