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The Delhi High Court on Monday sought the Delhi Government’s stand on the time-frame within which notification inviting applications for appointment to the post of Additional Public Prosecutors (APPs) will be issued.
The bench of Chief Justice D.N. Patel and Justice Jyoti Singh was hearing a plea filed by Delhi Prosecutors Welfare Association, seeking creation and appointment to the post of APPs in the fast-track special courts functioning in the capital for the trial of cases relating to Protection of Children from Sexual Offences (POCSO) and rape.
The Bench said thus: “We hereby direct the Secretary to file an affidavit, on or before next date of hearing, stating clearly within what least possible time public notice inviting applications for recruitment of APPs shall be given. The exercise of recruitment of APPs is going on since last more than six months, it must be brought to an end so that the recruitment process can be started and APPs can be appointed in POCSO and rape cases (fast-track courts).”
Senior Counsel Ashish Mohan, appearing for the petitioner association, informed the court that there is an additional requirement of 73 APPs for speedy trial in the 55 POCSO courts that have been set up across the capital, and a proposal in this regard was moved by the Office of Directorate of Prosecution. He submitted that, however, no action on the proposal has been taken as yet.
In addition, he informed the Court that the Government filed a response on July 11, 2021, through standing counsel Santosh Kumar Tripathi, stating that the earlier proposal for 73 additional posts has been rejected, and a fresh proposal for only 18 posts has been moved by the Directorate of Prosecution, which is under consideration. The response also stated that the requirement of 73 prosecutors was found ‘unreasonable’ and ‘not justified’.
The Bench goes on to question the Delhi Government: “Without APP, which matter can be conducted?”
The Bench remarked that at least 2 APPs are bound to be sanctioned in the fast-track courts, and queried how the work will be assigned to APPs in a newly created court by reducing the posts to 18.
The Bench suggested that special public prosecutors may be appointed in the meantime, as routine appointments take time.
The matter will now be taken up on July 26.
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Filed through Advocates Kushal Kumar, Aditya Kapoor, Harsh Ahuja and Akashdeep Gupta, the plea stated that in 2019, the Supreme Court had directed the Department of Prosecution to set-up special POCSO courts in each district with more than 100 cases under the POCSO Act. The plea seeks direction to the government to create these additional posts and make subsequent appointments to these posts.
The plea contends that the Directorate of Prosecution proposed creation of posts of additional public prosecutors and also sent a proposal for the creation of two such posts in each fast-track and POSCO court. The plea also contends that presently, the 55 fast-track and POCSO courts are functioning with 37 PPs, which is overburdening the prosecution and an increase in the pendency of rape and POCSO cases.
The plea states: “Such a shortage of additional public prosecutors is having adverse effects on the criminal justice system and the whole objective of establishing Fast Track Special courts for the trials of sensitive matters is being defeated by such shortage.”