Delhi government rapped for not appointing public prosecutors

He further submitted that for want of proper safekeeping of files, which get lost often and due to this, adjournments are being sought frequently by the public prosecutors, which ultimately leads in delaying the criminal trials.

The court also expressed its dissatisfaction and dismay over the conditions in which the public prosecutors have been working.

The Delhi government has submitted that the proposal for creation of 63 posts of assistant public prosecutors, 38 posts of additional public prosecutors and one post of chief prosecutor has been made.

It was also submitted that after the said proposal isapproved by the Lt. Governor, the Union Public Service Commission shall be approached to fill up the vacancies.

The court said that it will be taken as a case of gross negligence on the part of the concerned ministry or department, especially the Delhi home department 'if they do not take prompt steps in filling up the vacancies'.

'It is thus made clear to the Delhi government that this court will take strict view, if at any stage it is found that due to any lapse or negligence, timely appointment of public prosecutors have not taken place.

The backup of 10 percent of the strength of the public prosecutors in each and every district shall also ensure that during certain exigencies also, the criminal courts will not go unrepresented with these public prosecutors,' said the court in its order.

Taking suo moto cognizance of the issue, the high court has been monitoring the issue of delays in trials since 2009.

Assistant public prosecutors are government lawyers appointed for the courts of the metropolitan magistrates, while additional public prosecutors serve in sessions courts.