The administration of criminal justice in the common law world depends on the exercise of discretion at various stages, including investigation, prosecution and sentencing. Prosecutorial discretion assumes particular importance because of its gatekeeping function. It is the prosecutor who decides whether a person should be charged, and if so with what offence. To guard against political interference in criminal prosecution, the responsibility for the initiation, continuation and disposition of criminal matters is vested in the Attorney-General as Public Prosecutor, who is expected to act independently of the Government in making prosecutorial decisions. More than that, the Public Prosecutor is expected to act as a “minister of justice” and guardian of the public interest. This article explores a hitherto under-analyzed problem that lurks at the intersection of prosecutorial independence and the rule of law. Prosecutorial discretion is meant to be used as a shield against political interference, but there is a risk that it may in fact be used as a cover for political interference or as a sword to over-criminalize.