HC issues notice to Delhi govt on plea seeking appointment of 73 posts of Additional Public Prosecutors
Feb 17, 2021
New Delhi [India], February 17 : The Delhi High Court on Wednesday issued notice to Delhi Government on a petition seeking creation and appointment of 73 posts of Additional Public Prosecutors for the purposes of conducting trials in the Fast Track Special Courts that are functioning in Delhi.
The Bench of Justice DN Patel and Justice Jyoti Singh issues notice to the respondents and slated the matter for March 24. Court also asked the respondent to file detail affidavit so that we can dispose of the matter on next date of hearing as these court can't work in the absence of public prosecutors.
The petitioner, Delhi Prosecutor welfare Association through Advocate Ashish Mohan submitted that currently there are 53 Fast Track special courts functioning in Delhi for the purposes of trials of rape cases and POCSO act cases.
However, only 37 additional public prosecutors are posted in these Fast Track special courts. Such a shortage of additional public prosecutors is having adverse effects on the criminal justice system and the whole objective of establishing Fast Track special courts for the trials of sensitive matters is being defeated by such shortage...Plea said.
Petitioner Association also submitted that the shortage of Additional Public Prosecutors in such courts is detrimental for the criminal justice system and for the rights of victims as well as under trials under Article 21 of the Constitution of India which guarantees right to fair and speedy trial.
The plea states that, The Petitioner has submitted representations to the government time and again to take steps towards filling the vacancies by creating the posts, however, the proposals have never been considered. In fact in a meeting of the Government of NCT of Delhi the proposal of the directorate of prosecution was considered and the directorate of prosecution was asked to submit a detailed proposal, however, later, the GNCTD rejected the proposal without any cogent reasons.
Plea states that, there are numerous instances, wherein the Delhi HC itself has highlighted such lackadaisical approach of the government in appointing the public prosecutors in the criminal courts.
Plea added that, the objectives of setting up of the fast-track courts for the trials of POCSO Act and rape matters is to ensure speedy delivery of the justice for the victims. It was observed that a large number of cases of rape and POCSO Act are pending trials in the various courts across the nation and hence the establishment of Fast Track Courts for the trials of POCSO Act and rape matters was envisaged by the Supreme Court as well as the Government of India. However, the lack of public prosecutors in such courts adversely impacts the trials and the delivery of justice.
