No legal grounds to attend court, insists PG Office lawyers

State prosecutors at the Prosecutor General’s Office have again refused to attend the courts today, stating that they do no have the legal grounds to advocate in courts in the absence of a Prosecutor General or his deputy.

Criminal Court and Juvenile Court said they received a letter from the Prosecutor General’s Office again today, stating that the lawyers from the office will not attend court. Although they continue to table cases, they are forced to cancel the hearings everyday, both courts said.

Meanwhile, Attorney General (AG) Ahmed Anil on Wednesday advised the President that the most senior legal official at the Prosecutor General’s Office must take responsibility and ensure that the office remains operational.

Chief Justice Ahmed Faiz Hussain also spoke on the issue on Wednesday. He said that a Supreme Court order in February states that the Prosecutor General’s Office must continue to file suit in the courts despite the absence of a Prosecutor General, and thus, the absence of a Prosecutor General or his deputy today must not be an excuse for PG lawyers not to attend court.

The Supreme Court’s order in February also ordered the Criminal Court to continue criminal proceedings. The order was issued after the court stopped accepting cases from the Prosecutor General’s Office, stating that the office does not have legal grounds to file suit in the absence of a Prosecutor General.

Prosecutor General’s Act states that a new person must be appointed to the Prosecutor General post within 30 days from vacancy. President's last nomination, prominent lawyer Maumoon Hameed, was rejected by the parliament on 14 April.

Deputy Prosecutor General Hussain Shameem carried out Prosecutor General’s responsibilities since PG Ahmed Muizzu resigned on 25 November last year. Shameem resigned on Monday, leaving both the PG and DPG positions vacant, bringing the criminal justice system to a standstill.