THE STATE vs Rao JAVAID IQBAL
This matter came before the Lahore High Court to address a preliminary objection challenging the competency of an appeal filed by the Assistant Advocate-General, Punjab. The respondent contended that the Assistant Advocate-General did not qualify as a Public Prosecutor under the provisions of the Code of Criminal Procedure, 1898, rendering the appeal unauthorized. The core legal question was whether an Assistant Advocate-General in Punjab possesses the legal standing to file criminal appeals on behalf of the State. Relying on historical government notifications from 1937, 1938, and 1955, the Court held that the Assistant Advocates-General in Punjab are duly notified Public Prosecutors under the relevant statutory framework. Consequently, the Court determined that the Assistant Advocate-General was competent to file the appeal in the present case. The Court overruled the preliminary objection, affirming that the Assistant Advocate-General is authorized to act as a Public Prosecutor for the purposes of filing appeals, thereby establishing that such appointments, supported by valid government notifications, satisfy the requirements of the Code of Criminal Procedure, 1898.
- Is an Assistant Advocate-General in Punjab a Public Prosecutor under the Code of Criminal Procedure, 1898?
- Does an Assistant Advocate-General have the legal authority to file an appeal on behalf of the State?
- Can an appeal be dismissed on the grounds that the filing officer was not a duly notified Public Prosecutor?
- Section 492, Code of Criminal Procedure 1898
ORDER
' This appeal has been posted for consideration of a preliminary objection raised by the respondent which is in terms that appeal has been filed by the A.A.-G., Punjab who was not a Public Prosecutor in terms of provisions of section 492, Cr.P.C. And appeal was filed incompetently and unauthorizedly.
2. We have heard the learned counsel at length. One of us (Iftikhar Hussain Chaudhry, J.), while sitting in Single Bench has held in State v. Rana Muhammad Saleem 2001 PCr.LJ 1465 that Advocate-General, Punjab and Assistant Advocate-General in Punjab are duly notified Public Prosecutors. Reliance in this regard is placed on Punjab Government Notification Home- JudI.No,1224 J-37/13344, dated 3-4-1937 and Punjab Government Notification No,37274-39/21757, dated 23-6-1938. The Government of West Pakistan vide Notification No,861-Law, dated 14-10-1955 had notified the Assistant Advocates-General, Punjab to be Public Prosecutors generally for West Pakistan in terms of provisions of section 492 of Code of Criminal ProcedtTre, 1898.
3. We have considered the arguments advanced at the bar and we are of the considered view that Assistant Advocates-General in Punjab are duly notified Public Prosecutors under section 492, Cr.P.C. Who can competently file the appeals. The Government of Punjab has authorized the Assistant Advocate-General in this case to file the appeal. The appeal was competently filed.
4. The preliminary objection raised on behalf of the respondents is hereby overruled.
5. Main case is posted for hearing in due course. Some of the appeals are to be heard alongwith appeals of convicts. All the matters shall, be posted for hearing after preparation of paper books.
Objection overruled.