Case Note & Summary
The petitioners, accused in a murder case, challenged the appointment of a Special Public Prosecutor by way of writ petition under Articles 226 and 227 of the Constitution. The background involves the murder of a Rector at St. Peter's Pontifical Seminary in Bengaluru. A complaint was lodged on 01.04.2013 by Patrick Xavier, and Crime No.157 of 2013 was registered for offences under Sections 302 and 201 IPC against unknown persons. Subsequently, the petitioners were arraigned as accused. After investigation, a charge sheet was filed on 17.06.2014, and the case was numbered as S.C. No.1439 of 2014. The Secretary of the Seminary requested appointment of Sri Sadashiva Murthy as Special Public Prosecutor, and he was appointed by notification dated 07.05.2014. The petitioners alleged that he acted in a biased and partisan manner, sought implication of additional accused, and made false statements. An additional charge sheet was filed on 26.10.2015 under Section 173(8) CrPC. The petitioners challenged the additional charge sheet in various Criminal Petitions, which were allowed by the High Court, quashing proceedings against additional accused. The State's Special Leave Petition No.2755 of 2017 was dismissed by the Supreme Court on 16.11.2022, with liberty to summon persons if evidence disclosed involvement. Subsequently, Sri Sadashiva Murthy was removed as Special Public Prosecutor, and Sri Chinnappa Harsoor was appointed. Later, Sri Harsoor was removed, and the matter was entrusted to the regular Public Prosecutor. The Seminary made fresh representations for reappointment of Sri Sadashiva Murthy, but the Government rejected the request on 17.03.2023. However, by the impugned notification dated 15.09.2023, Sri Sadashiva Murthy was again appointed as Special Public Prosecutor. The petitioners sought quashing of that notification and a general direction that accused be heard before appointment. The writ petition was filed on these grounds. The provided judgment text ends without the court's final reasoning or decision.
Issue of Consideration
Whether the appointment of a Special Public Prosecutor under Section 24(8) of the Code of Criminal Procedure, 1973 without affording an opportunity of hearing to the accused is valid; Whether the impugned notification dated 15.09.2023 should be quashed; Whether general directions should be issued regarding the appointment of Special Public Prosecutors.
Case Details
2026 LawText (KAR) (08) 21
WRIT PETITION NO. 1452 OF 2024 (GM-RES)
M.S. Shyam Sundar, Sr. Counsel for Dr. Vandana P.L., Advocate; Shamanth Naik, HCGP for R1 to R4; Melanic Sabastian, Advocate for R5; C.S. Pradeep, Advocate for R6
Fr. Elias Daniel, Fr. William Patrick, Shri. Carmel Peter @ Peter
Department of Internal Administration (Police Services), Department of Home Affairs, The Directorate of Prosecution, The Station House Officer Yeshwanthpur Police Station, Mr. Sadashiva Murthy, The Secretary St. Peters Pontifical Seminary
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Nature of Litigation
Writ petition under Articles 226 and 227 of the Constitution challenging the appointment of a Special Public Prosecutor in a murder case.
Remedy Sought
Petitioners (accused) seek quashing of Government Notification dated 15.09.2023 appointing respondent No.5 as Special Public Prosecutor; also seek general direction that accused be notified or heard before appointment of Special Public Prosecutor under Section 24(8) CrPC.
Filing Reason
Petitioners allege that respondent No.5, a former Director of Prosecution, acted in a biased and partisan manner, seeking false implication of accused, and was appointed at the instance of the complainant organization despite earlier removal and rejection of representations.
Previous Decisions
Earlier Criminal Petitions challenging additional charge sheet were allowed by High Court; Special Leave Petition dismissed by Supreme Court on 16.11.2022 with liberty to summon persons if evidence discloses involvement. Prior appointments and removals of Special Public Prosecutors occurred.
Issues
Whether the appointment of Special Public Prosecutor under Section 24(8) CrPC without hearing accused is valid
Whether impugned notification dated 15.09.2023 should be quashed on grounds of bias
Whether general directions should be issued for future appointments of Special Public Prosecutors
Submissions/Arguments
Respondent No.5 acted in overtly partisan manner, made false statements, sought implication of innocent persons, delayed trial, and was appointed at the instance of respondent No.6 through the then Home Minister belonging to Malayalam Christian community; his earlier appointment was revoked and re-request rejected, yet reappointed; no opportunity of hearing given to accused.
Judgment Excerpts
Issue an appropriate writ in the nature Certiorari quashing the impugned notification viz Government Notification dated 15.09.2023 bearing No. OЕ 126 PPE 2020 vide Annexure-A to the petition under which the Respondent No.5 is appointed as Special Public Prosecutor in respect of SC No. 1439/2014 pending on the file of the Hon'ble Principal City Civil and Sessions Judge, Bangalore arising out of Crime No. 157/13 of Yeshwanthpur Police Station, Bangalore, which prosecution was brought against the Petitioners herein for the offences punishable under sections 302, 201, 149 r/w section 120(B) of IPC by arraigning them as Accused 1 to 3 respectively vide Annexure-B.
The Hon'ble Supreme Court, by order dated 16.11.2022, dismissed the Special Leave Petition while reserving liberty to the Trial Court to summon the said persons in accordance with law, should evidence recorded during trial disclose their involvement.
Procedural History
Complaint lodged on 01.04.2013; FIR registered as Crime No.157 of 2013 under Sections 302, 201 IPC; petitioners arraigned as accused; charge sheet filed on 17.06.2014; case numbered S.C. No.1439 of 2014; Special Public Prosecutor appointed on 07.05.2014; additional charge sheet filed on 26.10.2015; Criminal Petitions challenging additional charge sheet allowed; Special Leave Petition dismissed by Supreme Court on 16.11.2022; later appointments and removals of Special Public Prosecutors; representations for reappointment rejected on 17.03.2023; impugned notification issued on 15.09.2023; present writ petition filed.
Acts & Sections
- Code of Criminal Procedure, 1973: Section 24(8), Section 173(8), Section 482
- Indian Penal Code, 1860: Section 302, Section 201, Section 149, Section 120(B)
- Constitution of India: Article 226, Article 227
