The Delhi High Court has granted four weeks time to Delhi Government to expedite process of filling up vacant posts of public prosecutors. It added that 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 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.”, the bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad.

The Amicus Curiae had pointed out that as many as 108 courts in Delhi are non-functional for want of Public Prosecutors.

The counsel appearing on behalf of Delhi Prosecutors Welfare Association submitted that one Public Prosecutor is handling almost three to four courts and that this has brought the entire criminal justice system to a standstill.

Advocate Ashish Dixit appeared for petitioner whereas CGSC Anil Soni appeared for Union of India. Anuj Aggarwal, ASC appeared for Delhi Government.

The Court ordered that if proper explanation is not given as to why the vacancies have not been filled up, personal appearance will be ordered of Law Secretary and other officers who are responsible for the delay.

“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 held.

“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 held while listing the matter on February 14, 2023.

Cause Title- Delhi Prosecutors Welfare Association (regd) v. Rajiv Mehrishi & Anr.

Click here to read/download Order