Full Judgment Text
$~SDB-1
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1549/2009
COURT ON ITS OWN MOTION ..... Petitioner
Through: Mr. Rajeev K. Virmani, Senior
Advocate and amicus curiae.
versus
STATE ..... Respondent
Through: Mr. Sunil Sharma, Additional Public
Prosecutor for the State & Mr. Saleem
Ahmed, Additional Standing Counsel
(Crl.)
Mr.P.K. Sharma, Standing Counsel
for CBI (DHC) with Mr.Rajesh
Sharma, Ms. Somi Mehra and
Ms.Renu Malick, Advocates
Ms. Zubeda Begum, Standing
Counsel for GNCT of Delhi with
Directorate of Prosecutor, Mr.V.S.
Aggarwal and Mr. Alok Garg,
Deputy Secretary (Home) in person.
Mr. Naresh Kaushik, Ms. Aditi
Gupta, Ms. Amita Chaudhary,
Advocates for UPSC
Mr.L.K. Singh, counsel for the Public
Prosecutor Association.
Ms.Meera Bhatia, Advocate for UOI.
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
HON'BLE MS. JUSTICE SUNITA GUPTA
O R D E R
% 24.07.2014
Fresh affidavit has been filed by Additional Secretary, Department of
Home. Alongwith this affidavit, the officer has also placed on record the
W.P. (Crl.) No. 1549/2009 Page 1 of 8
st
status of Public Prosecutors as it exists on 21 July 2014 and their future
course of action with regard to the appointment of Assistant Public
Prosecutors and Additional Public Prosecutors. As per this tabulated
statement, at present there are 110 Metropolitan Magistrates functioning in
various district courts of Delhi and against that strength of MMs, 110
Assistant Public Prosecutors are in place. This statement also disclose that
sanction for the appointment of 183 Assistant Public Prosecutors already
exist. The affidavit and the statement further discloses that appointment of
11 Assistant Public Prosecutors on regular and contractual basis is likely to
be made shortly as the process to appoint these prosecutors is almost
complete. It further states that the Home Department is in process of
appointing 27 Assistant Public Prosecutors on contractual basis and their
selection process is under way. It further states that the UPSC is yet to
recommend names of two candidates in response to Home Department’s
requisition to recruit 17 Assistant Public Prosecutors which was made in
April 2013.
Counsel also submits that another requisition to recruit 30 Assistant
th
Public Prosecutors on regular basis has already been sent to UPSC on 4
June 2014 and on their appointment they will replace the Assistant Public
W.P. (Crl.) No. 1549/2009 Page 2 of 8
Prosecutors who are being appointed on contractual basis.
With regard to the status of Public Prosecutors, relating to the strength
of Session courts is concerned, the stand taken by the Home Department is
that at present, there are 85 Sessions Courts in various District Courts of
Delhi against the sanctioned strength of 102. It further states that the total
filled up posts of Additional Public Prosecutors as on this date is 71.
Counsel also submits that out of 71 filled up posts of Additional Public
Prosecutors, 7 Additional Public Prosecutors have been posted in Police
Training Centre, Food Safety Department and one Additional Public
Prosecutor has been absent from his duty. Counsel also states that the Home
Department has already initiated the process to fill up 32 newly created
posts of Additional Public Prosecutors so that no session court is left without
the assistance of Additional Public Prosecutor and these appointments are
likely to take place by the end of August 2014. Counsel also submits that
with completion of the process to promote 31 Assistant Public Prosecutors
to the post of Additional Public Prosecutors, the total number of Additional
Public Prosecutors would increase to 95 and thus, the said strength of 95
Additional Public Prosecutors will take care of 85 session courts in various
Districts of Delhi.
W.P. (Crl.) No. 1549/2009 Page 3 of 8
Various directions have been given by this court to the Government of
NCT of Delhi, in the present writ petition, time and again, and we may refer
th
to one of the directions given by this court vide order dated 14 March 2014
where the court while expressing its complete dissatisfaction and dismay
took a view that it will be taken as a case of gross negligence on the part of
the concerned Ministry/Department, especially Home Department of Delhi,
if they do not take prompt steps in filling the vacancies of Assistant Public
Prosecutors/Additional Public Prosecutors to ensure that all public
prosecutors are assigned the duties with such new criminal courts be that of
Metropolitan Magistrate or Sessions Courts. The GNCT of Delhi was also
put to notice that this court would take strict view if at any stage either due
to any lapse or negligence, timely appointment of the Public Prosecutors
does not take place. It was also directed that the backup of 10% of the
strength of public prosecutors in each and every district could ensure that the
criminal courts will not remain unrepresented due to the absence of the
Public Prosecutors for multiple factors.
On perusal of the affidavit filed by the Additional Secretary, Home,
GNCT of Delhi, the impression given to the court is that they are not as
serious as they ought to be. The present outcry due to the pendency of large
W.P. (Crl.) No. 1549/2009 Page 4 of 8
number of criminal cases is perhaps not their concern. The absence of a
public prosecutor in a criminal court is one of the major cause in the delayed
disposal of criminal cases. Therefore, the timely appointment of public
prosecutors is absolutely imperative and there should not be any kind of
compromise or lackadaisical approach in the same as no criminal court can
function in the absence of public prosecutors.
We have been informed by Ms. Zubeda Begum, standing counsel for
GNCT of Delhi that in response to the advertisement issued by the Home
st
Department on 21 April 2014 to appoint 27 Assistant Public Prosecutors,
534 applications have been received and scrutiny of these applications are
complete. Counsel further submits that the entire process for appointment of
27 Assistant Public Prosecutors on contractual basis will be completed in a
month’s time. Although we hardly find any justification for such a long
delay to appoint Assistant Public Prosecutors on contractual basis, where the
selection is based only on interview, after scrutinising their applications, to
find whether they fulfil the eligibility criteria or not. In our view, this
process could have been completed by GNCT of Delhi by now so that at
least these contractual appointees could have been in place.
Be that as it may, we now direct the Home Department to complete
W.P. (Crl.) No. 1549/2009 Page 5 of 8
the entire process of selecting 27 Assistant Public Prosecutors on contract
basis within a period of one month. It is also a matter of fact, well known to
the GNCT of Delhi that the process for future appointment of 80 judicial
officers is under way which is likely to be completed by the end of this year
and therefore, we expect the Home Department of GNCT of Delhi to ensure
that the Assistant Public Prosecutors will be in place with all the
Metropolitan Magistrates to be appointed out of the said new recruits.
Furthermore, as has been rightly pointed out by Mr. R.K. Virmani,
learned amicus curiae, that 31 Assistant Public Prosecutors are being
promoted to the post of Additional Public Prosecutors and then they will be
attached to the court of Sessions, ultimately resulting in a shortfall of 31
posts as far as Metropolitan Magistrates are concerned. Counsel thus states
that this selection of 31 Assistant Public Prosecutors to the post of
Additional Public Prosecutor will further bring out the actual strength of
Assistant Public Prosecutors to 75 instead of 106.
In response to this, the stand of Ms. Zubeda Begum is that the
Government has already sent a requisition to UPSC to recruit 32 Assistant
Public Prosecutors. This stand taken by GNCT of Delhi also does not satisfy
us as the appointment of 32 Assistant Public Prosecutors for which the
W.P. (Crl.) No. 1549/2009 Page 6 of 8
requisition has been sent by the GNCT of Delhi to UPSC, is being replaced
with the Additional Public Prosecutors who have been appointed on
contractual basis and therefore, in that event the shortfall of 31 Assistant
Public Prosecutors who are being promoted to the next higher rank of
Additional Public Prosecutors would stay intact.
What we impress upon GNCT of Delhi is that all the public
prosecutors should be appointed and placed as per the sanctioned strength
and the same will also take care of the 10% vacancies, in order to meet the
other exigencies when these public prosecutors are on leave and likewise,
the GNCT of Delhi shall ensure that the requisite strength of Additional
Public Prosecutors should be in place as far as the Session Courts are
concerned including the backup of 10%.
We also direct the UPSC to take prompt and expeditious steps to
recruit the 32 Assistant Public Prosecutors for which they have already
th
received the request from GNCT of Delhi on 4 June 2014 and this process
by all means should be completed within maximum period of five months
giving due priority to these sensitive appointments.
We now deal with the aspect regarding the various facilities to be
made available to the public prosecutors in terms of the suggestions given
W.P. (Crl.) No. 1549/2009 Page 7 of 8
th
by the amicus curiae in his report dated 13 March 2014. Action Taken
report has been filed by GNCT of Delhi.
Mr. Virmani, has pointed out that this action taken report itself
suggests that certain actions have been initiated in terms of the suggestions
given by the amicus curiae. Counsel thus, submits that direction be given to
GNCT of Delhi to file a fresh status report to demonstrate the
implementation of all the steps which have been referred to in the action
taken report. Fresh status report shall be filed by GNCT of Delhi in this
regard within a period of six weeks.
With regard to the other aspect of clearance of the bills of public
prosecutors, standing counsels, representing CBI and that of GNCT of
Delhi, necessary directions shall be passed on the next date of hearing.
th
List again on 19 September 2014.
A copy of this order be given dasti under signatures of court master to
counsel for the parties.
KAILASH GAMBHIR, J
SUNITA GUPTA, J
JULY 24, 2014
pkb
W.P. (Crl.) No. 1549/2009 Page 8 of 8
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ W.P.(CRL) 1549/2009
COURT ON ITS OWN MOTION ..... Petitioner
Through: Mr. Rajeev K. Virmani, Senior
Advocate and amicus curiae.
versus
STATE ..... Respondent
Through: Mr. Sunil Sharma, Additional Public
Prosecutor for the State & Mr. Saleem
Ahmed, Additional Standing Counsel
(Crl.)
Mr.P.K. Sharma, Standing Counsel
for CBI (DHC) with Mr.Rajesh
Sharma, Ms. Somi Mehra and
Ms.Renu Malick, Advocates
Ms. Zubeda Begum, Standing
Counsel for GNCT of Delhi with
Directorate of Prosecutor, Mr.V.S.
Aggarwal and Mr. Alok Garg,
Deputy Secretary (Home) in person.
Mr. Naresh Kaushik, Ms. Aditi
Gupta, Ms. Amita Chaudhary,
Advocates for UPSC
Mr.L.K. Singh, counsel for the Public
Prosecutor Association.
Ms.Meera Bhatia, Advocate for UOI.
CORAM:
HON'BLE MR. JUSTICE KAILASH GAMBHIR
HON'BLE MS. JUSTICE SUNITA GUPTA
O R D E R
% 24.07.2014
Fresh affidavit has been filed by Additional Secretary, Department of
Home. Alongwith this affidavit, the officer has also placed on record the
W.P. (Crl.) No. 1549/2009 Page 1 of 8
st
status of Public Prosecutors as it exists on 21 July 2014 and their future
course of action with regard to the appointment of Assistant Public
Prosecutors and Additional Public Prosecutors. As per this tabulated
statement, at present there are 110 Metropolitan Magistrates functioning in
various district courts of Delhi and against that strength of MMs, 110
Assistant Public Prosecutors are in place. This statement also disclose that
sanction for the appointment of 183 Assistant Public Prosecutors already
exist. The affidavit and the statement further discloses that appointment of
11 Assistant Public Prosecutors on regular and contractual basis is likely to
be made shortly as the process to appoint these prosecutors is almost
complete. It further states that the Home Department is in process of
appointing 27 Assistant Public Prosecutors on contractual basis and their
selection process is under way. It further states that the UPSC is yet to
recommend names of two candidates in response to Home Department’s
requisition to recruit 17 Assistant Public Prosecutors which was made in
April 2013.
Counsel also submits that another requisition to recruit 30 Assistant
th
Public Prosecutors on regular basis has already been sent to UPSC on 4
June 2014 and on their appointment they will replace the Assistant Public
W.P. (Crl.) No. 1549/2009 Page 2 of 8
Prosecutors who are being appointed on contractual basis.
With regard to the status of Public Prosecutors, relating to the strength
of Session courts is concerned, the stand taken by the Home Department is
that at present, there are 85 Sessions Courts in various District Courts of
Delhi against the sanctioned strength of 102. It further states that the total
filled up posts of Additional Public Prosecutors as on this date is 71.
Counsel also submits that out of 71 filled up posts of Additional Public
Prosecutors, 7 Additional Public Prosecutors have been posted in Police
Training Centre, Food Safety Department and one Additional Public
Prosecutor has been absent from his duty. Counsel also states that the Home
Department has already initiated the process to fill up 32 newly created
posts of Additional Public Prosecutors so that no session court is left without
the assistance of Additional Public Prosecutor and these appointments are
likely to take place by the end of August 2014. Counsel also submits that
with completion of the process to promote 31 Assistant Public Prosecutors
to the post of Additional Public Prosecutors, the total number of Additional
Public Prosecutors would increase to 95 and thus, the said strength of 95
Additional Public Prosecutors will take care of 85 session courts in various
Districts of Delhi.
W.P. (Crl.) No. 1549/2009 Page 3 of 8
Various directions have been given by this court to the Government of
NCT of Delhi, in the present writ petition, time and again, and we may refer
th
to one of the directions given by this court vide order dated 14 March 2014
where the court while expressing its complete dissatisfaction and dismay
took a view that it will be taken as a case of gross negligence on the part of
the concerned Ministry/Department, especially Home Department of Delhi,
if they do not take prompt steps in filling the vacancies of Assistant Public
Prosecutors/Additional Public Prosecutors to ensure that all public
prosecutors are assigned the duties with such new criminal courts be that of
Metropolitan Magistrate or Sessions Courts. The GNCT of Delhi was also
put to notice that this court would take strict view if at any stage either due
to any lapse or negligence, timely appointment of the Public Prosecutors
does not take place. It was also directed that the backup of 10% of the
strength of public prosecutors in each and every district could ensure that the
criminal courts will not remain unrepresented due to the absence of the
Public Prosecutors for multiple factors.
On perusal of the affidavit filed by the Additional Secretary, Home,
GNCT of Delhi, the impression given to the court is that they are not as
serious as they ought to be. The present outcry due to the pendency of large
W.P. (Crl.) No. 1549/2009 Page 4 of 8
number of criminal cases is perhaps not their concern. The absence of a
public prosecutor in a criminal court is one of the major cause in the delayed
disposal of criminal cases. Therefore, the timely appointment of public
prosecutors is absolutely imperative and there should not be any kind of
compromise or lackadaisical approach in the same as no criminal court can
function in the absence of public prosecutors.
We have been informed by Ms. Zubeda Begum, standing counsel for
GNCT of Delhi that in response to the advertisement issued by the Home
st
Department on 21 April 2014 to appoint 27 Assistant Public Prosecutors,
534 applications have been received and scrutiny of these applications are
complete. Counsel further submits that the entire process for appointment of
27 Assistant Public Prosecutors on contractual basis will be completed in a
month’s time. Although we hardly find any justification for such a long
delay to appoint Assistant Public Prosecutors on contractual basis, where the
selection is based only on interview, after scrutinising their applications, to
find whether they fulfil the eligibility criteria or not. In our view, this
process could have been completed by GNCT of Delhi by now so that at
least these contractual appointees could have been in place.
Be that as it may, we now direct the Home Department to complete
W.P. (Crl.) No. 1549/2009 Page 5 of 8
the entire process of selecting 27 Assistant Public Prosecutors on contract
basis within a period of one month. It is also a matter of fact, well known to
the GNCT of Delhi that the process for future appointment of 80 judicial
officers is under way which is likely to be completed by the end of this year
and therefore, we expect the Home Department of GNCT of Delhi to ensure
that the Assistant Public Prosecutors will be in place with all the
Metropolitan Magistrates to be appointed out of the said new recruits.
Furthermore, as has been rightly pointed out by Mr. R.K. Virmani,
learned amicus curiae, that 31 Assistant Public Prosecutors are being
promoted to the post of Additional Public Prosecutors and then they will be
attached to the court of Sessions, ultimately resulting in a shortfall of 31
posts as far as Metropolitan Magistrates are concerned. Counsel thus states
that this selection of 31 Assistant Public Prosecutors to the post of
Additional Public Prosecutor will further bring out the actual strength of
Assistant Public Prosecutors to 75 instead of 106.
In response to this, the stand of Ms. Zubeda Begum is that the
Government has already sent a requisition to UPSC to recruit 32 Assistant
Public Prosecutors. This stand taken by GNCT of Delhi also does not satisfy
us as the appointment of 32 Assistant Public Prosecutors for which the
W.P. (Crl.) No. 1549/2009 Page 6 of 8
requisition has been sent by the GNCT of Delhi to UPSC, is being replaced
with the Additional Public Prosecutors who have been appointed on
contractual basis and therefore, in that event the shortfall of 31 Assistant
Public Prosecutors who are being promoted to the next higher rank of
Additional Public Prosecutors would stay intact.
What we impress upon GNCT of Delhi is that all the public
prosecutors should be appointed and placed as per the sanctioned strength
and the same will also take care of the 10% vacancies, in order to meet the
other exigencies when these public prosecutors are on leave and likewise,
the GNCT of Delhi shall ensure that the requisite strength of Additional
Public Prosecutors should be in place as far as the Session Courts are
concerned including the backup of 10%.
We also direct the UPSC to take prompt and expeditious steps to
recruit the 32 Assistant Public Prosecutors for which they have already
th
received the request from GNCT of Delhi on 4 June 2014 and this process
by all means should be completed within maximum period of five months
giving due priority to these sensitive appointments.
We now deal with the aspect regarding the various facilities to be
made available to the public prosecutors in terms of the suggestions given
W.P. (Crl.) No. 1549/2009 Page 7 of 8
th
by the amicus curiae in his report dated 13 March 2014. Action Taken
report has been filed by GNCT of Delhi.
Mr. Virmani, has pointed out that this action taken report itself
suggests that certain actions have been initiated in terms of the suggestions
given by the amicus curiae. Counsel thus, submits that direction be given to
GNCT of Delhi to file a fresh status report to demonstrate the
implementation of all the steps which have been referred to in the action
taken report. Fresh status report shall be filed by GNCT of Delhi in this
regard within a period of six weeks.
With regard to the other aspect of clearance of the bills of public
prosecutors, standing counsels, representing CBI and that of GNCT of
Delhi, necessary directions shall be passed on the next date of hearing.
th
List again on 19 September 2014.
A copy of this order be given dasti under signatures of court master to
counsel for the parties.
KAILASH GAMBHIR, J
SUNITA GUPTA, J
JULY 24, 2014
pkb
W.P. (Crl.) No. 1549/2009 Page 8 of 8