2016 PLD 175
PESHAWAR-HIGH-COURT
Public prosecutor and private advocate---Principle---Public prosecutor is the sole authority to assist Court in furtherance of justice and prosecute a case against accused in criminal cases---Any counsel/advocate privately engaged by party may only assist Public prosecutor who remains subordinate to him---Scheme of Criminal Procedure Code, 1898, lays no bar on private complainant to engage counsel of his own choice---Where a private person gets vested right in the matter and any decision of Court may affect his case considerably, such intervener/person may not be kept deprived of right of audience---Every complainant in private complaint has vested right to represent his case effectively before Court and is at liberty to engage counsel of his choice but on his own cost. ---Public prosecutor and private advocate---Job description---Scope---Difference between job description of public prosecutor and private counsel is that public prosecutor does not act as counsel for any particular party and his conduct is not to aggravate case against accused. rather to act in aid of Court in discovery of truth---Privately engaged counsel promotes case of his client and paramount consideration before him is to watch interest of his client.
