The role of a public prosecutor is vital in the criminal justice system as they play a crucial role in upholding the principles of fairness and justice. While their primary responsibility is to represent the State and present the case against the accused, it is equally important for public prosecutors to safeguard the rights and interests of the accused. This essay explores the role of public prosecutors in balancing the interests of the State and the accused, highlighting landmark case references that emphasize the importance of this role.
- Upholding the Principles of Fairness and Justice:
- Public prosecutors are expected to act as officers of the court and uphold the principles of fairness and justice.
- They have a duty to ensure that the accused receives a fair trial and that their rights are protected throughout the legal process.
- Case Reference: State of Maharashtra v. Dr. Praful Desai (2003) – The Supreme Court held that a public prosecutor must assist the court in arriving at a just decision and not act as a mere advocate for the State.
- Duty to Disclose Exculpatory Evidence:
- Public prosecutors have an obligation to disclose any evidence that may be favourable to the accused.
- They should not withhold evidence that could potentially exonerate the accused or weaken the prosecution’s case.
- Case Reference: Nambi Narayanan v. Siby Mathews (2018) – The Supreme Court emphasized that the duty of a public prosecutor includes the obligation to disclose all relevant and material evidence to ensure a fair trial.
- Presenting the Case Objectively:
- Public prosecutors should present the case against the accused objectively, without any personal bias or prejudice.
- Their duty is not to secure a conviction at any cost but to present a fair and balanced case based on the available evidence.
- Case Reference: Zahira Habibullah Sheikh v. State of Gujarat (2004) – The Supreme Court emphasized the need for public prosecutors to act fairly and impartially to ensure a fair trial and protect the rights of the accused.
- Facilitating Access to Justice:
- Public prosecutors should assist the accused in understanding the legal proceedings, their rights, and available options.
- They should ensure that the accused has access to legal representation and any necessary resources for a fair trial.
- Case Reference: Hema Mishra v. State of Uttar Pradesh (2014) – The Supreme Court held that public prosecutors have a duty to ensure that the accused is not denied legal representation and should assist in facilitating access to justice.
Public prosecutors play a pivotal role in the criminal justice system and have the responsibility to balance the interests of the State and the accused. It is crucial for them to uphold the principles of fairness and justice, disclose exculpatory evidence, present the case objectively, and facilitate access to justice. The case references mentioned above highlight the significance of these principles and underscore the importance of public prosecutors in safeguarding the rights of the accused. By fulfilling their duty in a fair and impartial manner, public prosecutors contribute to a just and equitable criminal justice system.