Expedite appointment to vacant public prosecutor posts: High Court tells Delhi government

The court's Order was passed on a batch of petitions, including a suo motu case, concerning issues related to recruitment, appointment and working of public prosecutors in Delhi.

The Delhi High Court has granted a final opportunity of four weeks to the Aam Aadmi Party (AAP) government to expedite process of filling vacant posts of public prosecutors in courts, observing that the huge backlog of cases in the criminal justice system can be remedied only if these vacancies are filled up at the earliest.

A Bench headed by Chief Justice Satish Chandra Sharma sought a status report from the government and said if it is not filed and proper explanation on vacancies is not given, it would direct the personal appearance of the law secretary and other officers who are responsible for the delay.

The court's Order was passed on a batch of petitions, including a suo motu case, concerning issues related to recruitment, appointment and working of public prosecutors in the city.

"The criminal justice system is already plagued with a huge backlog of cases which can be remedied only if vacancies of public prosecutors are filled up at the earliest. The GNCTD is the only authority which can fill these vacancies. By way of last indulgence, four weeks' time is granted to GNCTD to expedite the process of filling up vacant posts of public prosecutors," said the Bench, also comprising Justice Subramonium Prasad in a recent Order.

"It is made clear that if the status report is not filed and proper explanation is not given as to why the vacancies have not been filled up, this court will direct the personal appearance of the Law Secretary and other officers who are responsible for the delay," the court said.

The Delhi government said a fresh requisition has been sent to UPSC for filling up of 108 vacant posts of public prosecutors. The amicus curiae appointed by the court to assist it said that as many as 108 courts in Delhi are non-functional for want of public prosecutors.

The counsel for Delhi Prosecutors Welfare Association said the situation is such that one public prosecutor is handling almost three to four courts, which has brought the entire criminal justice system to a standstill.