Shortage Of Public Prosecutors Affects Bail Matters, Trials: Delhi High Court Refuses To Stay Cost Imposed On State

While refusing to stay the imposition of ₹5,000 costs on the State, the Delhi High Court has observed that the shortage of public prosecutors is a “perennial problem” that severely affects the disposal of criminal trials and bail matters.

Justice Girish Kathpalia observed that there was nothing before the Court to show that the State had taken any serious steps to address the shortage of prosecutors.

“This is not a new problem. There is nothing before me to show any serious steps being taken by the State. Rather, State has not even challenged the said order. Therefore, I am not inclined to stay imposition of cost on the State,” the Court said.

The Court was hearing a plea filed by Maqsood Ahmed, Director of Prosecution, challenging an October 06 order passed by an Additional Sessions Judge, which imposed costs of Rs. 5,000 on the State, to be recovered from Ahmed's salary.

The trial court had imposed the costs after no public prosecutor appeared before it despite repeated passovers until 11:30 AM.

Ahmed's counsel submitted that the trial court had been informed about the acute shortage of public prosecutors and additional public prosecutors. It was also pointed out that the issue was already pending before a Division Bench of the High Court.

Justice Kathpalia observed that the trial court's order reflected its anguish over overflowing dockets and the pressure to ensure the expeditious disposal of bail matters and criminal trials.

However, it held that directing recovery of the costs from Ahmed's salary, in the absence of any specific observation regarding malfeasance or misfeasance, would prima facie not be proper.

Accordingly, the Court stayed the recovery of costs from Ahmed's salary until the next date of hearing.

The Court, however, declined to stay the imposition of costs on the State, noting that the State had not challenged the trial court's order.

The State was granted time to file a detailed reply/status report at least one week before the next hearing.

The matter will next be heard on February 03, 2027.