Terms, conditions notified for engagement of Special Public Prosecutors in UAPA courts

Jammu, July 12: The J&K government has notified the terms and conditions of engagement of Special Public Prosecutors appointed or to be appointed in future, for conducting prosecution in special UAPA courts.

The J&K Home Department has notified terms and conditions including fee structure in respect of advocates appointed as Special Public Prosecutors, pursuant to S.0.349 dated July 6, 2023.

As per the notified terms and conditions, the appointment of Special Public Prosecutor would be provisionally for a period of three years unless cancelled earlier or extended by the Government of Jammu and Kashmir based on the assessment report of the Director, SIA, J&K.

The appointed Special Public Prosecutor will work under the administrative supervision of the Director, SIA, J&K. The appointment of the Special Public Prosecutor would be terminated from either side after giving one month's notice.

“It shall additionally be the prerogative of the Director, SIA, J&K to terminate the appointment after giving a notice without assigning any reason,” it has been specified.

The Special Public Prosecutor will be located at the offices as earmarked by the Director, SIA, J&K based on convenience, feasibility and desirability and he (Special Public Prosecutor) will be debarred from taking any case of the accused (as defence lawyer) falling under the category of the specified offence, the order mentioned while referring to the annexure to the Government Order No 286-Home of 2021 dated November 1, 2021.

“The Special Public Prosecutor may be allocated cases in any of the Special designated UAPA Courts of UT of J&K as Director, SIA, J&K would decide. He will be provided with the adequate assistance of Pairvi Officers, Naib Courtis etc. as per the requirement from the existing strength of SIA,” it was specified.

As per the terms and conditions, disciplinary action under the provisions of Bar Council Rules for professional misconduct apart from termination of appointment and invocation of the Prevention of Corruption Act may be instituted upon the reporting of any misconduct.

As regards the fee structure of Special Public Prosecutor(s), for senior Advocates, for each appearance in the Trial Court (per case per day) it will be Rs 6000 while for junior advocates it will be Rs 3500.

Similarly, the Drafting fee (per pleading) for senior advocates will be Rs 1500 and for junior advocates, it will be Rs 500. Incidental charges for senior advocates will be Rs 1000.

“Further, there shall be a cap on the cumulative fee per month of Rs 80,000 for Senior Advocates and Rs 60,000 for Junior advocates,” an order issued by J&K Home Department read.