Vacant posts of public prosecutors: HC pulls up Delhi Govt, seeks fresh status report

New Delhi [India], January 17 (ANI): The Delhi High Court has pulled up the Delhi Government over the delay in filling up vacant posts of public prosecutors in Districts Court.

While pulling up the Government, Court made clear that “if the Status Report is not filed and proper explanation is not given as to why the vacancies have not been filled up, this Court will direct the personal appearance of the Law Secretary and other officers who are responsible for the delay.” The bench of Justice Satish Chander Sharma and Justice Subramonium Prasad in an order passed last week said, “the criminal justice system is already plagued with a huge backlog of cases which can be remedied only if vacancies of Public Prosecutors are filled up at the earliest”.

The GNCTD is the only authority which can fill these vacancies. By way of last indulgence, four weeks’ time is granted to GNCTD to expedite the process of filling up vacant posts of Public Prosecutors. Let a fresh status report be filed before the next date of hearing, said the court.

The bench also observed that the ‘situation is alarming’ when it was informed that there are 108 posts of public prosecutors lying vacant while hearing suo motu writ petition regarding the improvement of the criminal justice system.

Advocate Ashish Dixit appearing for Delhi Prosecutors Association submitted that each public prosecutor is handling almost three to four courts and that this has brought the entire criminal justice system to a standstill.

The Department of Personnel & Training (DoPT) is also granted the last opportunity to file a reply in the matter as directed by this Court, failing which this Court will direct the personal appearance of the Secretary, DoPT, said the Court.

The Court directed the government to file an affidavit stating the steps taken to fulfil the vacancies within four weeks failing which the Law Secretary and other officials would appear personally on the next date of hearing which is fixed for February 14, 2023.

The High court had initiated a petition on its own on the poor condition of the prosecutors. The court was also informed that one of the causes for the delay in the disposal of the cases with regard to undertrials was the shortage of prosecutors as well as infrastructure facilities and supporting staff for them.