Prosecution Department

1. In the Ministry of Legal Affairs, the Prosecution Department is formed with five divisions as follows:

(a) Criminal Prosecution Division for the Supreme Court of the Union
(b) Criminal Appeal, Revision Scrutiny Division
(c) Tendering Legal Advice before Prosecution and Submissions Scrutiny Division
(d) Prosecution Division for Union Level Organizations, Government Departments and Government Organizations
(e) Civil Litigation Division.

2. Functions of the Criminal Prosecution Division for the Supreme Court of the Union

(a) appearing in original cases, revisions, appeals, cases for confirmation of death sentence, miscellaneous applications and special appeals relating to criminal cases in the Supreme Court of the Union under subsection (g) of section 12 of the Attorney General of the Union Law on behalf of the State and appearing in cases as an amicus curiae in which the State is a party;
(b) arranging to hire a lawyer at government expense when notified by the Supreme Court of the Union for an accused in poverty with an offence punishable with death hearing at the Supreme Court of the Union, and assigning an advocate, in writing, to conduct as a defence lawyer in such case;
(c) filing a special appeal to the Supreme Court of the Union within the limitation period if it is considered that a special appeal should be filed against a final order passed by the Supreme Court of the Union in the criminal appeal and revision;
(d) filing an application to the Chief Justice of the Union for making decision on a retrial in the Special Appellate Bench or Full Bench under Section 20 of the Union Judiciary Law if any prima facie issue arises for the interests of the public in any case that has been tried conclusively by the Supreme Court of the Union, other than a case tried by the Special Appellate Bench or Full Bench;
(e) calling for necessary orders and judgements, decisions, proceedings and other documents from the Supreme Court of the Union and relevant courts and Prosecuting Body if it is necessary to scrutinize legal matters under the assignment of the Attorney General of the Union in performing its functions;
(f) notifying the Supreme Court of the Union to close the case temporarily under section 561 A of the Code of Criminal Procedure if the new address cannot be found after notifying the Office of the Advocate General of the relevant Region or State for submitting the new address when the Supreme Court of the Union requests the new address of the appellants/ respondents because summons cannot be served on them in criminal appeals, revisions or miscellaneous applications filed by the State.

3. Functions of the Criminal Appeal, Revision Scrutiny Division

(a) scrutinizing as to whether or not filing appeals or revisions against judgments, orders or decisions in cases which are related to State passed by the High Court of the Region or State in accordance with the Attorney General of the Union Law and Rules;
(b) filing appeals or revisions that have been decided by the Attorney General of the Union to the Supreme Court of the Union;
(c) filing criminal miscellaneous cases to the Supreme Court of the Union in respect of the transfer of court requested by the Prosecuting Body;
(d) scrutinizing complaints and submitting them to the different superior officers;
(e) scrutinizing the U-Pa-Ya Case Conducting Form (3), Form (5) submitted by the District Law Offices and the Office of the Advocate General of the Region or State;
(f) scrutinizing the submissions/ complaints forwarded by the Office of the State Administration Council and the Anti-Corruption Commission.

4. Functions of the Tendering Legal Advice before Prosecution and Submissions Scrutiny Division

(a) tendering legal advice before prosecution on criminal cases;
(b) replying remarks and recommendations of prosecution on a criminal case when so requested by the government departments, government organizations and Prosecution Body;
(c) scrutinizing the matters on guidance requested by the Offices of the Advocate General of the Region or State;
(d) scrutinizing the initial legal advice, amendment and guidance of the Offices of the Advocate General of the Region or State and District Law Offices;
(e) scrutinizing the reply on closing of the case decided by the Advocate General of the Region or State;
(f) scrutinizing submissions and complaints;
(g) performing other specifically assigned functions;

5. Functions of the Prosecution Division for Union Level Organizations, Government Departments and Government Organizations

(a) appearing on behalf of the State in application of writs to the Supreme Court of the Union;
(b) appearing as an amicus curiae in the cases heard in the Constitutional Tribunal of the Union;
(c) appearing as an amicus curiae in the cases heard in the Election Tribunal and tendering legal advice;
(d) appearing as an amicus curiae in the Tribunal constituted under the law by the Union level Departments;
(e) performing the specifically assigned functions.

6. Functions of the Civil Litigation Division

(a) tendering legal advice on civil cases to government departments and organizations if so requested and giving guidance on civil cases requested by the Office of the Advocate General of the Region or State;
(b) approving, and amending if necessary, on the scrutiny of the copy of legal advice on civil cases sent by the Office of the Advocate General of the Region or State;
(c) replying notices sent to the government department and ex-officio officers before prosecution under section 80 of the Code of Civil Procedure;
(d) approving the guidance requested by the Office of the Advocate General of the Region or State with regard to the pleadings, arguments and applications to be submitted by the relevant government and organization, and amending these documents, if necessary;
(e) scrutinizing completion forms of the civil cases submitted by the Office of the Advocate General of the Region or State, and if necessary, submitting appeals, revisions, reviews or miscellaneous applications to the Supreme Court of the Union and appearing in such cases;
(f) replying whether or not to file an appeal/ revision against an order of the High Court of the Region/ State applied by the Office of the Advocate General of the Region/ State, filing an appeal/ revision to the Supreme Court of the Union, if necessary and appearing in such cases;
(g) appearing in civil appeals, revisions, reviews and miscellaneous applications applied by any other person at the Supreme Court of the Union when so requested by the relevant government departments and organizations as the plaintiff/ defendant on their behalf;
(h) issuing sanction by scrutinizing upon request of sanction of the Attorney General of the Union to file a case upon public charity or religious affairs under section 92 of the Code of Civil Procedure;
(i) carrying out as may be necessary by scrutinizing the submissions and complaints on civil litigation.