A law clerk has moved the Andhra Pradesh High Court challenging the constitutional validity of the Andhra Pradesh State Level Police Recruitment Board (APSLPRB) conducting recruitment for Assistant Public Prosecutors (APPs).

The petition filed by High Court law clerk Balabadruni Naga Satwik argues that entrusting a police-run body with the appointment of prosecutors fundamentally violates the principle of separation between police and prosecution, as emphasised by the Supreme Court in SB Shahane v. State of Maharashtra.

A Bench of Chief Justice Dhiraj Singh Thakur and Justice Ravi Cheemalapati issued notice to the State on September 10.

The plea highlights arbitrariness in recruitment, noting that the challenged notification is silent on whether APP posts are permanent. A similar ambiguity in 2019 led to candidates being arbitrarily appointed temporarily, contrary to the principles laid down in K Manjusree v State of AP, it alleges.

It is asserted that APPs are civil servants under the 1992 Rules framed under Article 309 of the Constitution and their employment includes hallmarks of permanent service such as probation, pay scale, pension and service benefits. Relying on Samarendra Das v State of West Bengal, the plea argues that APPs enjoy constitutional protection under Article 311 against arbitrary termination.

The plea further stresses institutional bias, contending that allowing the police to recruit prosecutors who are tasked with scrutinising police investigations creates a serious conflict of interest, thereby undermining prosecutorial independence and the right to a fair trial.

Advocate Arditi Venkata Naga Yaswanth appeared for the petitioner.

Advocate S Pranathi appeared for the State.

[Read order]