HC stays Asaf Alis posting as top law official

KOCHI: The Kerala High Court on Thursday directed the state government to keep in abeyance the order appointing advocate Asaf Ali as the Director-General of Prosecution (DGP).A Division Bench comprising Chief Justice J Chelameswar and Justice P R Ramachandra Menon issued the directive on a petition filed by advocate E A Thankappan seeking a directive to quash the appointment of Asaf Ali as the DGP.The court observed that under Section 25 A of the Code of Criminal Procedure, the appointment of the Director-General of Prosecution should be made with the concurrence of the Chief Justice of the High Court. “The appointment of Asaf Ali as DGP undoubtedly is an order issued without the concurrence of the Chief Justice of the Kerala High Court,” the court said. Advocate-General K P Dandapani argued that the appointment of Asaf Ali as the DGP was not in exercise of the powers under Section 25 A of the CrPC but in pursuant to the exercise of the executive power of the state under the Constitution of India.The court stated that once the competent legislation has spoken on the subject it is not open to the state to resort to executive power under Article 162 of the Constitution.