Delhi High Court Emphasizes Urgent Need for Additional Public Prosecutors, Condemns Consistent Shortfall

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Synopsis

Court was hearing pleas seeking appointment of public prosecutors for all Delhi courts. The matter will be heard next on December 19

The Delhi High Court highlighted on Wednesday the pressing requirement for recruiting more public prosecutors for trial courts in the national capital.

Acting Chief Justice Manmohan expressed concern over the "consistent shortfall" in their numbers, leading to an overwhelming workload for the existing prosecutors across multiple courts.

Justice Manmohan pointed out the serious challenges arising from the scarcity of public prosecutors, noting instances where judges remain unproductive as prosecutors shuttle between different courtrooms for varied legal proceedings.

The court disagreed with the Delhi government's assertion of a surplus in the number of prosecutors and urged government counsel to visit trial courts to witness the daily struggles.

"This is a serious problem. We need an adequate number of prosecutors," emphasized the bench, which also included Justice Mini Pushkarna.

The high court was addressing a series of petitions, including a suo motu case, on concerns related to the recruitment and working conditions of public prosecutors in the city.

The petitioners sought not only an increase in the number of prosecutors but also an upward revision of their pay scales, along with better facilities and infrastructure.

Central government counsel Anil Soni informed the court that the finance ministry has agreed to implement an order to increase the pay scale of assistant public prosecutors, pending an appeal before the Supreme Court.

The court directed the Delhi government to expedite the implementation of the finance ministry's decision within four weeks, irrespective of the outcome of the appeal in the apex court.

Delhi government counsel Santosh Kumar Tripathi assured the court that all necessary steps were being taken to address issues related to the working conditions and recruitment of prosecutors.

Senior Advocate Rajeev K. Virmani, appointed amicus curiae, emphasized the importance of training public prosecutors and providing them with the necessary infrastructure for efficient functioning.

The court called on all parties to offer suitable suggestions regarding the issues raised and scheduled further hearings for December 19.

In 2009, the high court initiated a suo motu case on the inadequate conditions of prosecutors in Delhi, citing reasons such as a shortage of prosecutors, support staff, and inadequate infrastructure facilities contributing to delays in the disposal of cases involving undertrials.

Case Title: Delhi Prosecutors Welfare Association (Regd) v. Rajiv Mehrishi & Anr.  (connected matters)