Andhra Pradesh High Court - Amravati
Shaik Yazdani Basha vs The State Of Andhra Pradesh on 26 September, 2025
1
APHC010509792025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3328]
(Special Original Jurisdiction)
FRIDAY,THE TWENTY SIXTH DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA
PRASAD
WRIT PETITION NO: 26382/2025
Between:
1. SHAIK YAZDANI BASHA, S/O. SHAIK ZEELANI BASHA AGED ABOUT
36 YEARS, OCC PRACTICING ADVOCATE, RESIDENT OF DOOR
NO.6/344, MOCHAMPET, KADAPA, YSR KADAPA DISTRICT
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL
SECRETARY, DEPARTMENT OF LAW AND JUSTICE, SECRETARIAT
BUILDINGS, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT,
STATE OF ANDHRA PRADESH.
2. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, HOME
DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,
AMARAVATHI, GUNTUR DISTRICT, STATE OF ANDHRA PRADESH.
3. THE PRINCIPAL DISTRICT AND SESSIONS JUDGE, YSR KADAPA
DISTRICT, KADAPA.
4. THE VI ADDITIONAL DISTRICT COURT, KADAPA, YSR KADAPA
DISTRICT.
5. THE DIRECTOR OF PROSECUTIONS, DEPARTMENT OF
PROSECUTION, ANDHRA PRADESH, VIJAYAWADA
6. THE COLLECTOR AND DISTRICT MAGISTRATE, YSR KADAPA
DISTRICT, KADAPA.
7. THE PRESIDENT, BAR ASSOCIATION OF KADAPA. AT KADAPA BAR
ASSOCIATION, KADAPA COURT COMPLEX KADAPA, YSR KADAPA
DISTRICT.
2
...RESPONDENT(S):
Counsel for the Petitioner:
1. ANUP KOUSHIK KARAVADI
Counsel for the Respondent(S):
1. GP FOR HOME
2. GP FOR REVENUE
3. GP FOR LAW LEGISLATIVE AFFAIRS
The Court made the following:
ORAL ORDER:
Heard Sri Dheera Kanishka, learned Counsel appearing on behalf of Sri Anup Koushik Karavadi, learned Counsel for the Writ Petitioner, Sri M. Srinu Babu, learned Assistant Government Pleader for Law & Legislative Affairs, Sri P. Ajay Babu, learned Assistant Government Pleader for Home and Sri K. Bhagat Singh, learned Assistant Government Pleader for Revenue.
2. The present Writ Petition is filed seeking the following relief:
"It is therefore prayed that this Hon'ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus:
a) Declaring the action of the respondents in finalizing and forwarding the panel of advocates for appointment as Additional Public Prosecutor (Tenure) for the Hon'ble VI Additional District Court, Kadapa by prescribing a standing requirement of (10) ten years at the Bar, instead of the statutory minimum of (7) seven years under Section 18(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023, as arbitrary, illegal, violative of Article 14 of the Constitution of India, and contrary to the statutory mandate;
b) To Set-aside the impugned proceedings/letter dated 09.09.2025 and consequential proceedings of finalizing and forwarding the panel of advocates for appointment as Additional Public Prosecutor (Tenure) for the Hon'ble VI Additional District Court, Kadapa and Consequentially, direct the respondents to prepare and forward a fresh panel strictly in accordance with Section 18(7) of the Bharatiya Nagarik Suraksha Sanhita, 2023 by adopting a uniform eligibility criterion for all courts within YSR Kadapa District 3 And/or to pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case."
3. Learned Counsel for the Writ Petitioner has drawn the attention of this Court to the Proceeding of the learned VI Additional District Judge, Kadapa dated 09.09.2025 seeking Applications from the Advocates for appointment to the tenure post of Additional Public Prosecutors (Ex.P.1). The said Letter is addressed to the President of Bar Association, Kadapa inviting Applications from Advocates from the concerned Bar Association to be empanelled as Additional Public Prosecutors (Tenure) and the Advocates are required to have ten (10) years of standing at the Bar. The said Proceeding (Ex.P.1) would also indicate that a reference is made to G.O.Ms.No.187 dated 06.12.2000 and the Government Memo No.831/L1/2003 dated 25.02.2003. The impugned Proceeding has reference to the Proceedings issued by the learned Principal District Judge dated 02.09.2025. The Proceedings of the learned Principal District Judge dated 02.09.2025 (Ex.P.2) would also indicate that the Advocates are required to have ten (10) years of standing at the Bar.
4. Learned Counsel appearing for the Writ Petitioner has drawn the attention of this Court to Clauses 5 & 6 of G.O.Ms.No.187 LAW (L) Department dated 06.12.2000 (Ex.P.3). Clauses 5 & 6 of G.O.Ms.No.187 dated 06.12.2008 are usefully extracted hereunder:
(5). Appointment of Law Officers in the District Courts and City Courts Subordinate to the High Court:-
(1) Appointment of Law Officers in all the Courts and Tribunals subordinate to the High Court shall be made on the basis of the recommendations of the District Collector concerned who shall ascertain the views of the concerned District and Sessions Judge before making the recommendations.
(2) The District Collector shall prepare a panel of Advocates well in advance before expiry of the term of incumbents and send the same to the Government for consideration.
Note I - While recommending panels, the District Judge may obtain the Bio-data from such of the Advocates whom he 4 considers to be fit for appointment and send a panel of eligible candidates on that basis without calling for Bio-data from all the Advocates having a particular standing.
Note II. - The Collectors shall, while making a recommendation to the Government, furnish the following particulars, in respect of advocates included in the panel, which shall pertain to a period of three years immediately preceding the year in which the recommendation is made and which shall be in a full and complete form and adequate for the purpose of the selection: i.e., Qualification, age, Social Status, Standing at the Bar as an advocate, nature of practice, the number of sessions cases conducted (in case of posts of Public Prosecutor and Additional Public Prosecutor), the number of suits, appeals and the like conducted (incase of posts of Government Pleaders and Additional and Assistant Government Pleaders), the amount of Income Tax, if any paid, general antecedents, efficiency, reliability, an appraisal by the Sessions Judge or the District Judge about the nature and quality of advocacy, general repute and personality. (3) No person shall be eligible for appointment,- as Government Pleader unless he has at least Ten years of standing at the Bar, as Assistant Government Pleader in the Senior Civil Judges Court unless, he has at least seven years of Standing at the Bar, and in the Junior Civil Judges Court unless, he has at least five years of Standing at the Bar.
(4) On receipt of a panel sent by the District Collector under sub-instruction (1), the Government in Law Department shall consider the same and appoint one among the panel as Law Officer for a term prescribed under instruction 8 or call for a fresh panel.
(5) The District Collector shall submit a fresh panel as called for under sub-instruction (4) in the same manner as above for consideration.
(6) The Standing Counsel for Charitable and Hindu Religious Institutions and Endowments shall continue to be appointed as per the existing procedure.
6. Appointment of Public Prosecutors, Additional Public Prosecutors and Special Public Prosecutors:- Public Prosecutors, Additional Public Prosecutors and Special Public Prosecutors shall be appointed as per the provisions of Section 24 of the Code of Criminal Procedure, 1973.
55. Learned Counsel appearing for the Writ Petitioner has also drawn the attention of this Court to Section 24 of the Code of Criminal Procedure, 1973 and also the corresponding Section 18 of Bharatiya Nagarik Suraksha Sanhita (BNSS) Act, 2023. Sub Section 7 of Section 24 of Cr.P.C and Sub Sections 7 & 8 of Section 18 of BNSS Act, 2023 are usefully extracted hereunder:
"Sub Sections 7 & 8 of Section 24 of Cr.P.C:
(7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor under sub- section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice as an advocate for not less than seven years.
(8) The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor.
[Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section.] Sub Sections 7 & 8 of Section 18 of BNSS Act, 2023:
(7) A person shall be eligible to be appointed as a Public Prosecutor or an Additional Public Prosecutor under sub- section (1) or sub-section (2) or sub-section (3) or sub-section (6), only if he has been in practice as an advocate for not less than seven years.
(8) The Central Government or the State Government may appoint, for the purposes of any case or class of cases, a person who has been in practice as an advocate for not less than ten years as a Special Public Prosecutor:
Provided that the Court may permit the victim to engage an advocate of his choice to assist the prosecution under this sub-section."
6. In the light of the above provisions, it is to be noted that Clauses 5 & 6 of G.O.Ms.No.187 deals with the appointment of the 'Government Pleaders' and 'Assistant Government Pleaders' only. Clause 5 of G.O.Ms.No.187 would deal with the appointment of the Government Pleaders, which requires ten years standing at the bar. Clause 6 of the G.O.Ms.No.187 would state that for the appointment of Public Prosecutors, Additional Public Prosecutors and 6 Special Public Prosecutors shall be as per the provisions of Section 24 of the Cr.P.C, 1973. Needless to state that the corresponding provisions in respect of BNSS Act, 2023 are Sub Sections 7 & 8 of Section 18 (extracted above).
7. Sub Section 7 of Section 24 of the Cr.P.C prescribes only seven (7) years standing at the bar for appointment of Public Prosecutors or Additional Public Prosecutors and Sub Section 8 of Section 24 of Cr.P.C prescribes ten (10) years standing at the bar for appointment as Special Public Prosecutors. This makes it clear that the Letters issued by the Principal District Judge, Kadapa and the learned VI Additional District Judge, Kadapa prescribing ten years standing at the bar for appointment of Additional Public Prosecutors (Exs.P.1 & P2) are not only contrary to G.O.Ms.No.187 LAW (L) Department dated 06.12.2000 but also contrary to the provisions of law as indicated above.
8. In this view of the matter, the impugned Proceedings issued by the learned VI Additional District Judge, Kadapa dated 09.09.2025 (Ex.P.1) and also the Proceedings issued by the learned Principal District Judge, Kadapa dated 02.09.2025 (Ex.P.2) which prescribes ten years of standing at the bar for being considered for appointment of Additional Public Prosecutors are set-aside as being contrary to law. Accordingly, this Writ Petition is allowed. No Order as to costs.
9. Needless to state that the Application of the Writ Petitioner shall be accepted in terms of the standing at the bar as indicated above subject to all other statutory conditions.
10. Interlocutory Applications, if any, stand closed in terms of this order.
_________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt:26.09.2025 Vns