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Synopsis

The Delhi High Court has recently observed that post of ‘Public Prosecutor’ is an integral part of criminal court system. Court observed so in pleas seeking direction for the appointment of public prosecutors for all Delhi courts.

A division bench comprising CJ Satish Chandra Sharma and Justice Sanjeev Narula noted that 60 public prosecutors have been appointed recently, however, alarmingly, “no training” has been imparted to them.

Senior Advocate Rajeev K Virmani, the Amicus Curiae highlighted the lack of training programme for the Public Prosecutor.

The bench directed the Delhi government to coordinate with the Delhi Judicial Academy to conduct training of the newly recruited public prosecutors.

“GNCTD shall also file a status report before next date of hearing regarding (i) the implementation of direction regarding training programmes, and (ii) the latest position of vacancies in respect of public prosecutors. Re-notify on 01st November, 2023”, the court ordered.

Additional Solicitor General (ASG) Chetan Sharma informed the bench of a letter dated September 13 issued by the Government of India, which stated that the matter in respect of revision of pay scales of Assistant Public Prosecutors is under active consideration of Ministry of Home Affairs, Government of India.

ASG also stated that the Union of India vide letter dated August 28, 2023 requested the Chief Secretary, GNCTD to provide ‘total financial implication’ for revision of pay scales of Assistant Public Prosecutors working under the Directorate of Prosecution, GNCTD, as per their proposal.

The court granted four weeks to the Delhi Government to respond to Union of India and provide necessary information as requested and further granted four weeks’ time, thereafter to the Centre to take a final decision in the matter.

Earlier, a division bench had pulled up the Delhi Government for a huge backlog of cases and had directed it to fill up the vacant posts of Public Prosecutors at the earliest. The court had observed that the criminal justice system already has a huge backlog of cases that can only be cleared if vacancies for Public Prosecutors are filled at the earliest.

The court had noted that there are 108 posts of Public Prosecutors lying vacant.

Advocate Ashish Dixit appearing for the Delhi Prosecutors Welfare Association had submitted that one Public Prosecutor (PP) is handling almost three to four courts and that this has brought the entire criminal justice system to a standstill.

Senior Advocate Rajeev K Virmani, the Amicus Curiae had informed the bench that 108 courts in Delhi are non-functional for want of Public Prosecutors.

The bench had stated that the Delhi government is the only authority that can fill these vacancies and had directed the Delhi government to expedite the process of filling up the vacant posts of Public Prosecutors.

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