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Synopsis

The Delhi High Court on Friday issued notice to the Government of National Capital Territory of Delhi (GNCTD), Union Public Service Commission (UPSC) and Principal Secretary (Home) on a plea challenging appointment of Alka Goel as Director (Prosecution) of the GNCTD.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula also issued notice to Alka Goel and listed the matter, filed through Sarvesh Singh & Rajeshwari Mitra, Advocates, for further consideration on October 18.

The plea sought directions to declare the Director (Prosecution) Recruitment Rules, 2021 as void on the ground that it is ultra vires to Section 25A of Cr.PC.

It said that the post of Director (Prosecution), GNCTD is "statutory post" created under Section 25-A of Cr.PC which provides that a person shall be eligible to be appointed as a Director of Prosecution or a Deputy Director of Prosecution, only if he has been in practice as an advocate for not less than ten years and such appointment shall be made with the concurrence of the Chief Justice of the High Court.

"The post of Director of Prosecution is a very important post in so far as the administration of justice in criminal matters is concerned. It is the duty of the Director of Prosecution to take prompt decision. Given that crimes are treated as a wrong against the society as a whole, the role of the Director of Prosecution in the administration of justice is crucial", the plea said.

"That his crucial role is evident from conditions such as in Section 25-A (2) of the Code, which stipulates a minimum legal experience of not less than ten years for a person to be eligible to be Directorate of Prosecution and that such an appointment shall be made with the concurrence of the Chief Justice of the High Court", the plea stated.

The plea stated that the process must be "non-arbitrary, transparent and designed to select the best candidate".

It alleged that there is no transparency and no open call for applications/advertisement for appointment to the post of Director (Prosecution), GNCTD and the process of appointment to the post of Director (Prosecution), GNCTD is entirely arbitrary and opaque, and thus completely violative of rule of law.

"Therefore, the appointment/promotion of Smt. Alka Goel as Director (Prosecution), Govt. of NCT of Delhi without the concurrence of the Chief Justice of the High Court is illegal, hence void ab initio. Further, the Director (Prosecution) Recruitment Rules, 2021 which exclude the mandatory concurrence of Chief Justice of High Court undermining its Constitutional office as envisaged under Section 25-A ofCr.PC is ultra vires, hence void to that extent", the plea read. 

Case Title: Chiranjit Singh Bisht v. Govt. of NCT of Delhi & Ors.