Court on Its Own Motion vs State

Sunita Gupta, J.

Crl. M.A. No. 18506/2013, 13869 and 14366/2014 1. Affidavit has been filed by the UPSC. It has been stated in the affidavit that the UPSC has finalised the process of filling up of 32 posts of public prosecutors in the Home Department, GNCT of Delhi and out of 32 posts, result of 9 posts have been withheld due to litigation. It is also stated in affidavit that the UPSC, after necessary clearance of formalities of 23 candidates, has forwarded the recommendation letter in respect of 15 posts on 23rd December 2014; for 7 posts on 9th January 2015; and for remaining one post on 16th January 2015.

With regard to recruitment of 65 more Assistant Public Prosecutors in terms of the requisition already sent by the Home Department, GNCT of Delhi, Mr. Kaushik, Advocate submits that the necessary advertisement has already been issued in January 2015. Counsel however seeks time to file an additional affidavit to place on record the exact schedule for recruitment of 65 Assistant Public Prosecutors. Let the additional affidavit be filed by the UPSC with regard to the recruitment of 65 Assistant Public Prosecutors within a period of three weeks from the date of this order. We also impress upon the UPSC to make every possible effort to expedite the entire recruitment process keeping in view the fact that large number of criminal courts are being deprived of the valuable assistance of Public Prosecutors.

In the affidavit, filed by GNCT of Delhi on 28th January 2015, the stand taken by it with regard to the recommendation concerning recruitment of 23 regular Assistant Public Prosecutors as recommended by the UPSC is that the Home Department has issued letters to all the concerned authorities for verifications of characters and antecedents of the candidates. Mr. Alok Garg, Deputy Secretary (Home) is present in Court and submits that most of the candidates are out stationed candidates and therefore it is taking more time to get their antecedents and characters verified. The officer also submits that most of these candidates have already undergone their medical examination. Let a fresh status report by way of affidavit, clarifying the steps taken by the Home Department with regard to the appointment of 23 Assistant Public Prosecutors, after recommendation of the UPSC, be filed within a period of three weeks from the date of this order. In this affidavit, GNCT of Delhi will also clarify the position with regard to the number of existing criminal courts either functioning at sessions level or Magistrate level and the exact strength of the public prosecutors presently available to cater the requirement. While giving these statistics, the Government shall also take care of 10% of the additional strength of the public prosecutors in each and every District as already directed by this Court, so as to cater certain exigencies, keeping in view the avowed objective that no criminal Court remains unrepresented due to absence of the public prosecutors.

Mr. Rajiv K. Virmani, Senior Advocate (Amicus Curiae) has already filed an affidavit giving certain suggestions to improve the functioning of the public prosecutors and for providing better infrastructure to them. We will consider these suggestions on the next date.

However, at this stage, Mr. Virmani draws attention towards the lack of access to electronic library to the public prosecutors which is causing undue hardship to them. Mr. Virmani also submits that presently, the public prosecutors are even not having the access to manupatra as the Government has not renewed their subscription to access manupatra. In response to this, Ms. Zubeda Begum, Standing Counsel for the GNCT of Delhi submits that the matter was pending consideration with the Finance Secretary who has raised some objections and after removal of those objections, the file has been sent again to the Finance Secretary. Let the steps for renewal of the subscription of manupatra, etc. be expedited, failing which the Finance Secretary shall remain present in court on the next date, explaining as to why so much time is being taken in granting necessary approval for renewal of the subscription of manupatra. Renotify on 14th May 2015.

C.M. Appl. No. 4730/2015

Notice.

Mr. Ajay Digpaul, Advocate accepts notice and seeks time to take instructions on the issues as raised in the present application.

List for compliance on 14th May 2015.