The Punjab government on Friday undertook before court that special public prosecutor Rajwinder Singh Bains, appointed to conduct trial in the 2015 post sacrilege violence cases, would not appear before trial court till November 23.
The undertaking was given in a plea in which his appointment was challenged by former Bajakhana station house officer (SHO) Amarjit Singh Kullar, one of the accused in these FIRs.
Bains was appointed special public prosecutor on October 1 to speed up trial in these politically sensitive cases to appear before trial courts as well as in high court.
Kullar’s counsel had argued that Bains has been a counsel and has appeared for the complainant and the kin of the victim in two separate petitions in high court and espoused their cause. As per settled law, the public prosecutor is to act in an independent and impartial manner. However, in view of previous engagements of Bains, there is an apparent and manifest conflict of interest, the court was told.
It was also argued that even otherwise his appointment is in violation of Section 24 of the Code of Criminal Procedure (CrPC) as the fact of him representing the complainant was not considered in the decision making process of his appointment. The court was also told that on this appointment, there has been no consultation with the high court on administrative side, which is mandatory. Though detailed order is awaited, the high court while seeking response from Bains and the state government posted the matter for hearing on November 23.
{{/usCountry}}It was also argued that even otherwise his appointment is in violation of Section 24 of the Code of Criminal Procedure (CrPC) as the fact of him representing the complainant was not considered in the decision making process of his appointment. The court was also told that on this appointment, there has been no consultation with the high court on administrative side, which is mandatory. Though detailed order is awaited, the high court while seeking response from Bains and the state government posted the matter for hearing on November 23.
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