COURT ON ITS OWN MOTION Vs. STATE

JUDGEMENT

(1.) Crl. M.A. No. 18506/2013, 13869 & 14366/2014.

(2.) 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.

(3.) 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.