Section 4 in The Code of Criminal Procedure (Maharashtra Amendment) Act, 1981
4. to provide that in any State whether there exists a regular cadre of Prosecuting Officers, appointment of Public Prosecutors or Additional Prosecutors will be made only from the cadre and when there are no proper and suitable persons available, appointment can be made from the panel prepared by the District Magistrate in consultation with the Sessions Court.
However, this central Amendment Act is further amended in Maharashtra and now the Maharashtra State Government is free to appoint Counsels of its own choice and confidence, without consulting the High Court or Sessions Judge. With this new provision, the role of Judiciary in recommending the names of advocates and preparing a panel of cadres for such recommendation is reduced to great extent.
