Govt proposal to fill 80 public prosecutors' posts are at advance stage: UPSC to Delhi HC

New Delhi [India], February 14 : The Delhi High Court was on Tuesday informed by the Union Public Service Commission (UPSC) that only one proposal for the recruitment of 80 vacancies for the post of the Assistant Public Prosecutor (APP) in the Government of NCT of Delhi (GNCTD) was received in the Commission on October 7, 2022.
UPSC stated that it has always tried to complete the process of Recruitment in all cases, more particularly in the case of Public Prosecutor and APPs, as expeditiously as possible and the current process is likely to culminate in a final result very soon in the month of March 2023.
Noting the submissions, the Bench of Justice Satish Chander Sharma and Justice Subramonium posted the matter for March 15 and directed the respondents to ensure that the appointment process should be completed by that date.
In the status report filed, the UPSC submitted that the statement made by the counsel of GNCT of Delhi on January 11, 2023, is incorrect and inappropriate in as much as no fresh proposal has been received from the Government of NCT of Delhi for filling up either the post of Public Prosecutors or Assistant Public Prosecutors in GNCT of Delhi.
Earlier, the Delhi High Court had pulled up the Government of NCT Delhi over the delay in filling up vacant posts of Public Prosecutors in Districts Court.
The High 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 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.
While hearing the suo motu writ petition regarding the improvement of the criminal justice system, the bench was informed that 108 posts of public prosecutors have been lying vacant, and hence the bench observed that the 'situation was alarming'.
Advocate Ashish Dixit appearing for Delhi Prosecutors Association earlier 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 the Court will direct the personal appearance of the Secretary, DoPT, said the Court.
The High court had initiated a petition on its own on the poor condition of the prosecutors here. 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.