Advocate general is the first advocate of the govt
of the union. Thus he has the right to appear on any case where the union govt
is made as a party. Cases against union govt can be filed by anybody. Cases
filed against the union govt are different from cases filed by the govt on
others. When govt files a case against
on any individual or company, it can be criminal or civil. If its criminal,
then it's called as prosecution. All cases of prosecution are argued by the
prosecutors on behalf of govt. Only the govt has the power to prosecute.
Sir,
then, Advocate General could do prosecution at Karnataka HC in Jayalalitha
case. What was the need to appoint PP??
AG is not a prosecutor. He is an advocate who
represent the govt in higher courts of law. JJ case was criminal. So why will
AG appear? ? Prosecutor will do that job and he did.
All advocates are officers of the court. So
whichever court heard the case, it asks the local govt to do the prosecution. AG,
prosecutors of Karnataka govt are officers of the karnataka high court. So
court can ask any of the prosecutors to do the job.
Is
it the court’s decision?
Yes. Court will inform the chief prosecutor to
nominate the prosecutor. General prosecutors are attached to particular
benches. Like court number 5 will have 1 or 2 prosecutors attached. When case
comes before it they take over.
Who
is a public prosecutor?
All prosecutors are public prosecutors!!
There
is an understanding if the case is not only about a crime but a wrong against
the public, the prosecutor is called a public prosecutor !? such a prosecutor
represents or argues on behalf of the public at large.
No. Prosecutors are all public prosecutors. When
they belong to special agencies they are called special public prosecutors. Like
CBI prosecutors are special prosecutors. Each district should have one PP and
any number of APP.
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