How do you intend to appoint the director of the public prosecutor’s office? Madras High Court asks TN Govt

Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan give the government a fortnight to clarify the course of action. File. | Photo credit: K. Picumani

The Madras High Court has given the Tamil Nadu government two weeks to spell out the procedure it intends to follow for appointments to the posts of director, deputy directors and deputy directors of public prosecutions across the state.

First Division Chief Justice Sushrut Arvind Dharmadhikari and Justice G. Arul Murugan accepted State Public Prosecutor R. John Sathyan’s request to grant him a fortnight to obtain necessary directions from the State Government.

The time was granted on a writ petition filed jointly by a group of five additional and assistant public prosecutors, including Iden Isana, M. Santhiya, S. Sasireka, JR Hercules and M. Barath Rathna, who were appointed by the Tamil Nadu Public Service Commission (TNPSC).

The petitioners urged the court to declare Section 20 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) ultra vires the Constitution as it allows for the appointment of lawyers who have not served as public prosecutors in trial courts as Director, Deputy Director or Deputy Director of Public Prosecutions.

The litigants insisted that only public prosecutors appointed through the TNPSC recruitment process must be promoted to the top posts in the Directorate of Public Prosecutions, and that the Director and Deputy Directors should not be appointed without the approval of the Chief Justice.

The petitioners further asked the state government to lay down statutory rules governing appointments to the Directorate of Public Prosecutions and not to make any appointments to top posts in the interim period from candidates outside the regular cadre of public prosecutors.

Although Mr. Isan also filed another application urging the High Court to issue a quo warranto ordering Mr. Krisharaj to explain under what authority he holds the post of Director of Public Prosecutions, the Division Bench closed the case after being informed that the incumbent government had terminated his service.

Counsel for the applicant Suhrith Parthasarathy told the court that the second writ petition has become moot and nothing survives in it for adjudication under the winding up order issued by the government recently. The judges recorded his submission and closed the case.

Published – 10 Jun 2026 06:35 IST