The Supreme Court clarified the role of the Public Prosecutor in the landmark judgement of ,”Mahabir vs State of Haryana” delivered on Jan 29, 2025.
The Supreme Court clarified that the role of the Public Prosector is to assist the court in the process of delivering justice and to caution the court in case the court is in the process of committing an error.Prosector is an independent statutory authority.
“Prosecutors should ensure that prosecutions are conducted in a
diligent, competent and fair manner. The importance of the office of the Public
Prosecutor cannot be overemphasized. The Public Prosecutor must be a person
of high merit, fair and objective, because upon him depends to a large extent
the administration of criminal justice. The office of the Public Prosecutor is a
public office and the incumbent has to discharge statutory duties. The person
appointed as Public Prosecutor must, therefore, be one who is not only able and
efficient, but also enjoys a reputation and prestige which satisfy his
appointment as a Public Prosecutor. “
“A Public Prosecutor is not expected to show a thirst to reach the case in the
conviction of the accused somehow or the other irrespective of the true facts of
the case. The expected attitude of the Public Prosecutor while conducting
prosecution must be couched in fairness not only to the Court to the
investigation agencies but to the accused as well. If an accused is entitled to
any legitimate benefit during trial, the Public Prosecutor should not
scuttle/conceal it. On the contrary, it is the duty of the Public Prosecutor to
winch it to the fore and make it available to the accused. Even if the court or
defence counsel overlooked it, the Public Prosecutor has the added
responsibility to bring it to the notice of the Court, if it comes to his knowledge.”