CBEC - Appointment of Special Public Prosecutors -Board wants CCs to follow Instructions
THE Revenue authorities usually do not show the same anxiety in pursuing the cases before the Courts and Tribunals as they do in booking them.
Once a Presiding Judge of the Special Court for Economic Offences wrote a letter to a Chief Commissioner that he was not able to decide the department's prosecution cases as there was no Public Prosecutor.
In its instructions dated 29.02.2016 DDT 2800 04 03 2016, CBEC prescribed the procedure for selection of Special Public Prosecutors (SPPs) for handling CBEC cases before the Subordinate Courts/Courts of Session and High Court.
Para '2' of the said Instruction dated 29.02.2016, inter alia, provided timeline for processing and forwarding the proposal to Board.
The concerned Commissioner will at least 5 months before the expiry of the term of the existing SPP or immediately on occurrence of the vacancy due to any reason such as resignation, death, removal, promotion, fresh recruitment etc. will call for applications either by advertisement in local newspapers, or by displaying "Notice for Application" on the notice Board/website of the Commissionerates and also forward the Notice inviting applications from the aspiring advocates, who qualify in terms of Section 24 (8) of the Criminal Procedure Code, 1973 to the Bar Council of the High Court/Bar Associations of Subordinate Courts falling under the jurisdiction of the Commissionerate .
Now, the Board finds that most of the Chief Commissioners send their proposal to the Board after the expiry of the tenure of the said SPPs. In such a situation, the questions are invariably asked about the reasons for such a delay. The M/o Law & Justice has also taken a serious view in some cases and has rejected the proposed extension on account of inordinate delay.
Therefore, the Board requests the Chief Commissioners to review the situation regarding SPPs in their Zones and send the proposal for fresh appointment/extension of tenure of SPPs whose tenure is expiring in accordance with the procedure laid down in the said Instruction to the Board at the earliest. Board again emphasises that all such proposals of extension of tenure of SPPs must be sent along with all relevant documents to Board at least two months before the date of expiry of the term of SPP.
Can the Board send a reminder three months before the due date?
CBEC Letter in F.No. 278A/54/2015-Legal, Dated: May 19, 2016