LAWS(DLH)-2014-7-483

COURT ON ITS OWN MOTION Vs. STATE

Decided On July 24, 2014
COURT ON ITS OWN MOTION Appellant
V/S
STATE Respondents

JUDGEMENT

(1.) Fresh affidavit has been filed by Additional Secretary, Department of Home. Alongwith this affidavit, the officer has also placed on record the status of Public Prosecutors as it exists on 21st 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.

(2.) Counsel also submits that another requisition to recruit 30 Assistant Public Prosecutors on regular basis has already been sent to UPSC on 4th June 2014 and on their appointment they will replace the Assistant Public Prosecutors who are being appointed on contractual basis.

(3.) 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.