The Delhi High Court delivered a sharp rebuke to the state government on Monday, declaring that the prosecution system is "suffering" due to a failure to implement mandated reforms. The court specifically highlighted the government's inability to properly expand and staff the Directorate of Prosecution (DOP) as required under new criminal laws introduced in 2023.
Court Flags Critical Vacancies in Prosecution Wing
A bench led by Chief Justice DK Upadhyaya and Justice Tushar Rao Gedela pointed out a significant administrative failure. While a Directorate of Prosecution exists in name, Delhi has not established a fully functional DOP at both the state and district levels. The court noted that key positions, such as deputy and assistant directors with prescribed qualifications, remain vacant primarily because the government has yet to finalize the necessary recruitment rules.
The bench emphasized that the Bharatiya Nagarik Suraksha Sanhita, 2023, under Section 20, explicitly provides for an expanded DOP structure extending to the district level. This legal mandate, however, has not been translated into action, creating a bottleneck in the criminal justice machinery.
"Whose Job Is It?": HC's Stern Questioning
Expressing clear frustration with the prolonged delays, the High Court bench questioned the government's commitment to resolving the issue. "Whose job is it to appoint a public prosecutor? Is it the court's work?" the bench asked rhetorically. It further observed, "From 2009 to date, you have never been able to get your act together. Otherwise, this petition would have been disposed of much earlier."
The court underscored the pivotal role public prosecutors play and stressed that the numerous vacancies for public prosecutors and additional or assistant public prosecutors are directly hampering effective prosecution, thereby affecting the delivery of justice.
Strict Timelines and a 10-Week Ultimatum
To break the long-standing deadlock, the High Court issued a clear directive. It gave the Delhi government a strict deadline of 10 weeks to finalize the long-pending recruitment rules for the prosecution department. Furthermore, the court directed that the Union Public Service Commission (UPSC) must act promptly once it receives the requisition for appointments from the government.
During the hearing, the Principal Secretary (Home), appearing virtually, provided assurances to the bench. He stated that the recruitment rules for public prosecutors had already been cleared by the Lieutenant Governor and that a formal requisition would be sent to the UPSC within 10 days. For the posts of additional and assistant public prosecutors, approval from the LG is expected within four weeks, followed by a UPSC request within the subsequent 10 days.
The court, hearing a batch of petitions concerning the recruitment and working conditions of public prosecutors, demanded a "clear roadmap" for filling all vacancies. The petitions also seek better pay scales and improved infrastructure for prosecutors. The government counsel assured the bench that the newly provided timelines would be strictly adhered to, and the matter will be heard again after the deadline.
