The Andra Pradesh High Court admitted a PIL questioning the constitutionality of APSLPRB conducting recruitment of Assistant Public Prosecutors in Andhra Pradesh, raising concerns over prosecutorial independence and separation of powers. The Andhra Pradesh High Court underscored that entrusting a police-run body with the selection of officers meant to scrutinize police investigations may compromise the impartiality of the criminal justice system and the right to a fair trial under Article 21.
The PIL, filed by a law clerk, challenges the Andhra Pradesh State Level Police Recruitment Board (APSLPRB) overseeing the recruitment of Assistant Public Prosecutors (APPs). The petition contends that allowing a police department-controlled body to select APPs, who are independent officers of the Court, undermines the principle of separation between the police and prosecution. The petition also highlights that the 2025 recruitment notification fails to clarify whether appointed candidates would be permanent or temporary, creating a conflict between the Andhra Pradesh State and Subordinate Service Rules, 1996 and the Andhra Pradesh State Prosecution Rules, 1992.
The petitioner argues that the authority to recruit APPs should rest with the Andhra Pradesh Public Service Commission, a constitutionally empowered civil service recruitment body. The PIL emphasizes that candidates who undertook examinations and interviews have a legitimate expectation of permanent appointments. It further stresses that any arbitrary termination would violate Article 311 safeguards and the principles of equality and fairness under Article 14 and Article 16.
The Division Bench, led by Chief Justice Dhiraj Singh Thakur and Justice Ravi Cheemalapati, sought a detailed response from the State regarding the PIL’s contentions. The Court noted that vesting recruitment powers in a police-run entity could erode the independence of prosecution, potentially affecting judicial impartiality and the fair trial rights of victims. The bench observed that legal safeguards for APPs, akin to civil servants, cannot be disregarded and that appointments must align with service rules to prevent arbitrary action by the State.
The High Court has admitted the PIL and directed the State to respond to the issues raised. The matter is now scheduled for further hearing on November 5, 2025.
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