((-1-)) mst IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL WRIT PETITION NO.781 OF 2008 Sarvdaman Prataprao Raje Nikbalkar and another Petitioners versus The State of Maharashtra and others Respondents Mr.A.B.Kadam for petitioners. Mr.Ravi Kadam, Advocate General with S.R.Borulkar, Public Prosecutor for State. Mr.K.K.Singhavi, Sr.Adv. with Mr.A.P.Mundargi with S.B.Shethye i/by Mr.Sudatta Patil for respondent no.4. CORAM : BILAL NAZKI AND A.A.KUMBHAKONI, JJ. DATE : 30th September 2008 PC : 1. This writ petition has been filed by some of the Public Prosecutors challenging an order passed by the Deputy Chief Minister, Maharashtra State permitting respondent no.4 to give interviews to electronic and print media. 2. At the out set, it may be pointed out that the learned Advocate General, who appeared for ((-2-)) the respondents, submits that this order will be withdrawn immediately. Therefore, the main grievance of the petitioners do not survive. 3. However, during the course of hearing, it was pointed out by the learned Advocate General that the Directorate of Prosecutions has not been established by the State in terms of Section 25-A of the Code of Criminal Procedure and that the Directorate of Prosecutions which is functioning presently, is created by an executive order and is supposed to work in accordance with the directions of the Home Department. In one of the letters which was shown to us, which is written on 6th November 2006 to the Director of Prosecution by the Home Department, it was specifically mentioned that the Director of Prosecution has no right to interfere with the work of Government appointed Pleaders and Prosecutors and that this is the sole function of Law and Judiciary Department. 4. Since the Directorate of Prosecutions, according to the Advocate General has not been created under section 25-A of the Code of Criminal Procedure, we feel that the Directorate of Prosecutions has no statutory ((-3-)) powers, either to regulate the work of Government Pleaders or their engagement and/or their appointment. 5. There is another letter issued by the Directorate of Prosecutions asking the Public Prosecutors not to speak to the press. This letter is also being withdrawn, as submitted by learned Advocate General. This letter will not survive any further in view of the fact that the Directorate of Prosecutions has no powers to exercise in the area of regulation of work of Government Pleaders or their engagement and/or their appointment. 6. With these observations, the writ petition is disposed off. (BILAL NAZKI, J.) (A.A.KUMBHAKONI, J.)