In the criminal justice system, the role of a Public Prosecutor is often misunderstood. Contrary to popular belief, the Public Prosecutor is not merely a mouthpiece of the police or a tool to secure convictions at any cost. Instead, their role is to act as a neutral advocate, upholding the principles of justice and ensuring a fair trial for all parties involved. In this article, we will delve into the true essence of the Public Prosecutor’s role and shed light on their duty to act impartially, with reference to relevant legal principles and case laws.

Impartiality and Neutrality:

The fundamental principle guiding the role of a Public Prosecutor is impartiality. They are duty-bound to consider all evidence, whether it supports the prosecution or the defense, and present a fair and balanced case before the court. Their allegiance is to the pursuit of justice, not to any particular party or interest.

Safeguarding the Rights of the Accused:

The Public Prosecutor has a crucial role in safeguarding the rights of the accused. They must ensure that the accused is afforded due process, including the right to a fair trial, the presumption of innocence, and the right to legal representation. It is their duty to present the case against the accused in a manner that respects these fundamental rights.

Upholding the Interests of Justice:

The Public Prosecutor is not a mere advocate for the state. Their primary responsibility is to uphold the interests of justice. This means critically assessing the evidence, examining witnesses, and presenting a case that is supported by credible and admissible evidence. They should actively seek the truth and ensure that the court arrives at a just and equitable decision.

Case Laws Highlighting the Neutral Role of the Public Prosecutor:

• State of Bihar v. Ram Naresh Pandey: In this case, the Supreme Court emphasized that the Public Prosecutor is not expected to act as a mere agent of the prosecution but as an officer of the court, representing the cause of justice.
• State of Kerala v. Mohanlal: The Supreme Court held that the Public Prosecutor has a duty to present the entire case, including any evidence that may be favourable to the accused, and not selectively withhold information.
• Zahira Habibullah Sheikh v. State of Gujarat: This case highlighted the responsibility of the Public Prosecutor to ensure that the rights of the victims and witnesses are protected, while maintaining their duty of impartiality.
• State of Maharashtra v. Sukhdev Singh Sodhi (2008): In this case, the Supreme Court held that the Public Prosecutor has a duty to act fairly and present the case before the court in an objective manner. The Court emphasized that the Public Prosecutor should not engage in unethical practices or withhold vital information from the court.
• Sanjay Kumar v. State of Bihar (2012): The Supreme Court in this case reiterated the importance of the Public Prosecutor acting as an officer of the court and not as a mere spokesperson for the prosecution. The Court emphasized that the Public Prosecutor should exercise fairness and objectivity while presenting the case and should not indulge in any acts that may prejudice the accused.
• Shivaji Sahabrao Bobade v. State of Maharashtra (2008): This case highlighted the duty of the Public Prosecutor to ensure that all relevant evidence is presented before the court, including any evidence that may be favorable to the accused. The Supreme Court emphasized that the Public Prosecutor should act impartially and assist the court in arriving at a just and fair decision.
• M. Krishnan v. Vijay Singh (2001): In this case, the Supreme Court emphasized the need for the Public Prosecutor to act fairly and objectively while presenting the case. The Court held that the Public Prosecutor should not take an adversarial stance but should assist the court in arriving at the truth and ensuring justice.

The role of a Public Prosecutor goes beyond being a spokesperson for the police or a blind advocate for the state. They are entrusted with the responsibility of upholding the principles of justice, safeguarding the rights of the accused, and presenting a fair and balanced case before the court. The case laws mentioned above underline the importance of the Public Prosecutor’s role as a neutral advocate, ensuring that the criminal justice system operates with integrity and fairness. By embracing impartiality and neutrality, the Public Prosecutor plays a crucial role in upholding the principles of justice and ensuring a fair trial for all parties involved.