Prosecutors Association seeks direction from Delhi HC to transfer charge sheet scrutiny from prosecutors to legal division of police
Feb 15, 2021
New Delhi [India], February 15 : Delhi Prosecutors Welfare Association on Monday urged the Delhi High Court to issue directions to the Delhi government to transfer the work of scrutiny of charge sheets from the public prosecutors to the legal division of the Delhi Police.
Appearing for Delhi Government, standing counsel Sanjoy Ghose told a single-judge bench of Justice Prathiba M Singh that similar issues are being heard by a division bench. He also urged the single-judge bench court to send this matter to the division bench of the Delhi High Court.
The single-judge bench listed the matter for February 22 before the division bench, which was hearing similar issues.
The Court was hearing the plea filed by Delhi Prosecutors Welfare Association through advocates Aditya Kapoor, Kushal Kumar, Harsh Ahuja, Manika Goswamy and Akash Dep Gupta through the law firm Erudite Legal.
The association has contended that such practice of getting the charge sheets scrutinized by the public prosecutors are not backed by any law and in fact goes against the scheme of Code of Criminal Procedure (CrPC), 1971.
"Such practice commenced in the year 1978 by the standing order no. 259 of the Delhi Police and the same got the sanction of the Government of National Capital Territory of Delhi (GNCTD) by an order dated December 30, 1997," the association said.
The Association mentioned that the work of scrutiny of charge sheets does not fall within the scope of work of the public prosecutors. Even then, the public prosecutors have never been paid any form of remuneration for the work of scrutiny of charge sheets which is additional work.
The association said that the present situation is that the public prosecutors are still being asked to scrutinize the charge sheets. It told the Court that recently, Delhi Police has appointed 66 legal consultants and the work of scope of the said legal consultants includes the scrutiny of charge sheets. Hence, it is only in the interests of justice that the GNCTD shifts the work of scrutiny of charge sheets to the legal division of Delhi Police, the association said.
