The Special Public Prosecutor appointed for the 2002 riot cases earns Rs 15,000 if the hearing is “effective” and Rs 5,000, if it is “non-effective”. The designated judge issues a certificate to say if the hearing is effective or not. But it remains unclear as to what is an effective hearing.

One of the SPPs — P R Agrawal — has now sought a clarification from the legal department to know as to what constitutes an effective hearing. Agrawal is the SPP in the case of Dipda Darwaza massacre that took place in Mehsana district. It is one of the riot cases being investigated by the Supreme Court-appointed Special Investigation Team (SIT), following which Special Fast-Track Courts were constituted.

According to the government notification, the SPPs for the SIT cases have been granted remuneration of Rs 15,000 and Rs 5,000 for each ‘effective’ and ‘non-effective’ hearings respectively, while their assistants — Special Assistant Public Prosecutors (SAPPs) are entitled to Rs 5,000 and Rs 2,000 for the same.

Agrawal has said that so far the designated judge has given them certificates of ‘effective’ hearing only where they have examined a witness. “Technically, any of our effort in the court affects the outcome of the case. So, all such hearings should be considered ‘effective’. With no clarity on the terms, we are denied certificate of ‘effective’ hearing even if we argue on any application by the defence for two hours. If only examination of the witness is considered as ‘effective hearing’, it will discourage the SPPS to seriously make efforts on other hearings like framing charges or argue on any application of the defence raising a legal point,” he said.

... contd.