1. An affidavit is submitted by Shri Jani, learned Public Prosecutor on behalf of the State affirmed by the Under Secretary, Legal Department, Sachivalaya, Gandhinagar that the Government has already started to take necessary steps in order to frame the guidelines/norms/standards. It is submitted that the learned Advocate General has been requested vide letter dated 13/01/2012 to offer his advice as well as suggestions in order to frame the guidelines, however, his written reply/response is awaited.
2. Shri P.M. Thakkar, learned Senior advocate appearing on behalf of the petitioners has submitted that it is high time that instead of guidelines/norms/standards, rules are framed for appointment of Special Public Prosecutor as have been done in Maharashtra State and Rajasthan State. It is submitted that unless the guidelines/norms/standards are framed, sometimes it can be said that they have no statutory force and/or they may not be enforced.
3. In response to the above, Shri Jani, learned Public Prosecutor has submitted that to frame the Rules or amendment in the Law Officers Rule, it may take a long time and in the meantime any rules that are considered to be framed, necessary guidelines/standards/norms can be framed with specific observations that they are to be adhered and followed. It is submitted that if necessary guidelines/norms/standards are framed, the above apprehension on the part of the learned Senior advocate appearing on behalf of the petitioners may take care. At the request of Shri Jani, learned Public Prosecutor, to get the response from the learned Advocate General, stand over to 31/01/2012.
(M.R.
SHAH, J.) siji Top