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The plea has sought direction for creation of more posts of Additional Public Prosecutors for dealing with POCSO and rape matters in Fast Tract Special Courts.
The Delhi High Court on Tuesday deferred hearing in a plea seeking direction for the creation of 73 posts of Additional Public Prosecutors and the subsequent appointment to these posts for the purposes of conducting trials in the Fast Track Special Courts that are functioning in Delhi.
A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad has listed the matter for hearing on April 10, 2023.
The plea has been filed by the Delhi Prosecutors Welfare Association which alleged that 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.
The petitioners are being represented by Advocates Aditya Kapoor, Manika Goswamy, Harsh Ahuja, Kushal Kumar, Medha Tandon, and Akash Gupta from the law firm Erudite Legal.
Counsel appearing for the petitioner informed the bench that currently 53 Fast Track special courts are 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.
The plea submitted that the Association had made several requests and submitted representations to the Delhi Government for the creation of the aforesaid 73 posts. They highlighted the shortage of Additional Public Prosecutors in the FTSCs and the problems being faced owing to such shortage. However, the Delhi Government, without any reasonable excuse, has failed to take any action on the same, the plea added.
Additionally, it has been argued that the Department of Prosecution had earlier submitted a detailed proposal for the creation of 73 posts of Additional Public Prosecutors for the purposes of FTSCs, however, the Delhi Government had arbitrarily rejected the proposal of the Department of Prosecution and thereby violated Article 14 of the Constitution of India.
Case Title: Delhi Prosecutors Welfare Association Regd. Vs. Govt. of NCT of Delhi
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