‘Huge Backlog Of Criminal Cases’: High Court Grants Last Opportunity To Delhi Govt For Filling Up Vacant Posts Of Public Prosecutors

The Delhi High Court has given one last opportunity to the Delhi Government to expedite the process of filling up vacant posts of Public Prosecutors in trial courts.

A division bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad observed that 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. Let a fresh Status Report be filed before the next date of hearing,” the court said while listing the matter on February 14.

The bench clarified that in case of failure of filing status report or giving proper explanation regarding the filling up of vacancies in question, it will direct personal appearance of Law Secretary and other officers “who are responsible for the delay.”

“The Department of Personnel & Training (DoPT) is also granted last opportunity to file reply in the matter as directed by this Court, failing which this Court will direct the personal appearance of the Secretary, DoPT,” the court ordered.

The court was hearing a bunch of pleas, including a suo moto case initiated in 2009 after a letter petition was moved highlighting the issue of undertrials languishing in jail from 5 to 12 years without a trial.

As the counsel appearing for Delhi Government submitted that a fresh requisition has been sent to Union Public Service Commission (UPSC) for filling up of 108 vacant posts of Public Prosecutors in the trial court, the court sought a response to be filed on the said aspect “positively within two weeks.”

The counsel appearing for Delhi Prosecutors Welfare Association submitted that at present, one Public Prosecutor in the trial courts is handling almost three to four courts which has brought the entire criminal justice system to a standstill.

In December 2019, the court had directed that the recruitment process for the posts of Assistant Public Prosecutors as well as for the recruitment of Additional Public Prosecutors shall be carried out in accordance with the recruitment rules.

Case Title: COURT ON ITS OWN MOTION v. State

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