Govt prescribes new procedure to file pleas against acquittals

The Haryana Government has amended the Law and Legislative Department Manual and issued a notification prescribing a procedure for filing appeals against acquittals or revisions on behalf of the state. The new procedure now involves the Deputy Director of Prosecution and the Director of Prosecution.

As per the notification by the Legal Remembrancer and Administrative Secretary of Law and Legislative Department, Ritu Garg, on March 5, when an appeal or revision is to be filed before the high court, the Deputy Director of Prosecution will forward the proposal, along with a memorandum of the case to the Director of Prosecution (General), while also marking a copy to the District Magistrate.

After recording his opinion, the Director of Prosecution shall transmit the proposal to the Advocate General, Haryana, along with the memorandum of the grounds of appeal. The Advocate General shall provide his legal opinion and submit the case to the government for a final decision.

The same procedure will be followed in the case of an appeal or revision against an inadequate sentence.

For appeals or revisions to be filed before the Sessions Court, the notification states: “…the proposal along with grounds shall be submitted by the Deputy Director of Prosecution to the District Magistrate, who shall be competent to take the final decision.” However, in the case of an appeal against an inadequate sentence, the Deputy Director of Prosecution shall submit the proposal to the District Magistrate, who, after examination, shall forward it to the Director of Prosecution (General). The Director of Prosecution shall then record his opinion and submit the proposal to the government for a final decision.

The amended instructions also state that any proposal for an appeal or revision “shall always be accompanied by complete documentation as per the judicial file, a certified copy of the judgment/order sought to be set aside or modified, and a full statement of reasons for the appeal or revision.”

Previously, the District Magistrate would submit the proposal for an appeal to the Advocate General, who would then send it to the Legal Remembrancer, along with his opinion. The Legal Remembrancer would forward it to the government with his own opinion.

The new instructions also specify that the government will not file an appeal or revision in cases that are not of “special importance”, do not involve “an erroneous view of any important legal principle”, are based “merely on the discovery of fresh evidence after acquittal”, or where “the probability of success is not clear and distinct”.