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Madras High Court

Prosecutors Must Act Independently of Police, Madras High Court Rules

The Madras High Court on 13 October dismissed a lawyer’s petition seeking Bar Council action against a former additional public prosecutor. The court held that the allegations did not constitute professional misconduct, while stressing that prosecutors serve justice rather than the police or complainant. They must evaluate the record independently, disclose material favouring the accused and avoid pursuing a case as persecution.

Judge / Bench — Justice G.R. Swaminathan and Justice M.D. Sumathi. Order authored by Justice G.R. Swaminathan.

Advocates appearing — For the petitioner — K.T.K. Janakiram. For respondents 1 and 2 — K.R. Shivashankari, Additional Government Pleader. For respondent 3 — K.R. Laxman, Standing Counsel. Respondent 4 — No appearance. Respondent 5 — Notice dispensed with; advocate not named.

Explore topicsCriminal Law
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