Defence lawyers question legality of public prosecutor''s appnt
PTI | 09:08 PM,Aug 16,2010Mumbai, Aug 16 (PTI) Three defence lawyers appearing in special Narcotics Drugs and Psychotropic Substances (NDPS) cases have filed an application before the sessions court and the Ministry of Law and Judiciary against special public prosecutor Arun Gupte. According to defence lawyers Ayaz Khan, Taraq Sayyed and Atul Sarpande, Gupte's notification as special public prosecutor expired in April 2008 and has not been extended. "Gupte was appointed as special prosecutor by the government in April 2005 for a period of three years. However even after his notification expired in 2008 there has not been any order extending his appointment," advocate Ayaz Khan said. "We have written to the special NDPS court and the Ministry of Law and Judiciary to produce any document or notification extending the appointment of Gupte as special prosecutor," Sarpande said. The lawyers are also questioning the legality of the over 30 cases conducted by Gupte in the past two years. "If there is no notification then what is the legality of all the trials that Gupte has conducted. And also how is the government paying his fees when there is no valid notification," Khan said. Gupte has sought time to file a reply to the application.He however refused to comment stating the matter is subjudice.PTI SP VKV
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