SUPREME COURT OF INDIA – WHETHER A PRIVATE PERSON CAN BE PERMITTED TO CONDUCT AND ENGAGE A PRIVATE COUNSEL IN SESSION COURT TRIAL AND MAGISTRATE COURT TRIAL OR NOT?
Supreme Court of India
Date of Judgement: 06.09.2016
A private person can be permitted to conduct the prosecution in the Magistrate’s Court and can engage a counsel to do the needful on his behalf but
as far as session trial is concerned the legislative intention is manifestly clear that prosecution in a Sessions Court cannot be conducted by anyone other than the public prosecutor, It is because the legislature reminds the State that the policy must strictly conform to fairness in the trial of an accused in a Sessions Court. The Court has further observed that a public prosecutor is not expected to show the thirst to reach the case in the conviction of the accused somehow or the other irrespective of the true facts involved in the case.
