Selection of Special Public Prosecutors (SPPs) for handling CBEC cases
IN order to streamline the process for selection of SPPs for handling CBEC cases before the Subordinate Courts/Courts of Session and High Court, the Board has come out with the following procedure effective from 01.03.2016 -
The concerned Chief Commissioner will assess the number of SPPs required for prosecution/criminal cases of CBEC in his Zone. While deciding the number of SPPs in the Zone, the requirement of cases of the DGRI/DGCEI will also be taken into consideration. In case there is more than one Chief Commissioner in a Zone, the Chief Commissioner of Customs, will be the nodal authority. In case there is more than one Chief Commissioner of Customs in a Zone, the Chief Commissioner of Customs-Zone-1 will be the nodal authority. This vacancy position will then be circulated to all the Commissioners.
The first paragraph itself is a telling story of how a simple administrative function of appointment of SPP can manifest itself into a hydra headed jurisdictional superiority issue. The second paragraph entailing the ‘procedure for engagement' aggravates this modality of appointment by constituting a Committee to assess the applicants' expertise in handling criminal/prosecution matters and their suitability to represent the cases of the Department before the various judicial fora. A performance review is also envisaged at the end of the financial year.
The concerned Chief Commissioner/Commissioner is more concerned about success of the Revenue cases before the Courts for he does not want to hear the oft repeated remark - the case has no legs to stand!
CBEC Instruction Dated: February 29, 2016