Criminal prosecutions without PG a violation of Constitution: Drug Court Judge

Judge of Drug court Mahaaz Ali Zaheer has said that it is a violation of the Constitution to proceed with criminal prosecutions in the absence of a Prosecutor General (PG) and a Deputy Prosecutor General.

Mahaaz said on his blog, that there are no legal grounds to justify proceeding with criminal proceedings without appointing a person to the post of Prosecutor General.

Mahaaz’s remarks come after Attorney General Mohamed Anil advised officials of PG Office that they can represent the State in court even in the absence of a Prosecutor General and Deputy Prosecutor General.

Mahaaz said that no action should be taken against PG Office attorneys for refusing to attend court after being instructed to do so, in the absence of a Prosecutor General and Deputy Prosecutor General.

He said that the solution to the problem being faced right now is to appoint a person to the post of Prosecutor General as soon as possible, and that it is possible to nominate a person to this post and send it to the parliament for its approval. He noted that the parliament is not in a situation where it is unable to fulfil this responsibility.

Mahaaz said that if the responsibilities of a Prosecutor General are handed over to a ‘third’ person who is not well-versed in the law, it would not be possible to hold that person accountable for his actions.