K.J. JOHN, ASSISTANT PUBLIC PROSECUTOR GRADE 1,PALAI ETC. E vs STATE OF KERALA & ORS. ETC. ETC.

The Supreme Court interpreted Section 24(6) of the Code of Criminal Procedure, 1973, determining that the State Government is not bound to appoint Public Prosecutors and Additional Public Prosecutors solely from a 'regular cadre of prosecuting officers' if such a cadre does not exist. The Court upheld the High Court's dismissal of the writ petition, affirming that the absence of a regular cadre in Kerala meant that the provisions of Section 24(6) were not applicable. The Court concluded that the intention behind the amendments was to protect the promotional rights of Prosecuting Officers in states with established hierarchies, which was not the case in Kerala or Uttar Pradesh.