It said the problem had become “perennial” and was severely affecting the disposal of criminal trials and bail matters. New Delhi: Though staying a punitive fine imposed on Delhi’s top prosecutor by a trial court, Delhi High Court has expressed concern over the continuing shortage of public prosecutors in courts.
In an interim order, the high court stayed a trial court’s order of recovering Rs 5,000 in costs from the salary of Delhi’s director of prosecution, noting that imposing such personal financial liability in the absence of any specific finding of malfeasance or misfeasance would prima facie not be proper. Justice Girish Kathpalia was hearing the prosecution director’s challenge to an Oct 6 order of an additional sessions judge at Tis Hazari courts, asking him to cough up Rs 5,000 in costs after no public prosecutor appeared despite repeated adjournments given until 11.30 am on that day.
“The impugned order is a conspicuous expression of anguish of the trial judge,” the court observed, while also holding that the direction for recovery of costs from the director’s salary deserved to be stayed for the time being. The high court, however, acknowledged that the trial court’s order reflected the pressure faced by judges in dealing with overflowing dockets amid expectations of expeditious disposal of bail matters and trials. The director’s counsel, senior advocate Ramesh Gupta , argued that the trial court had been informed about the acute shortage of public prosecutors and additional public prosecutors. The court, however, declined to stay the entire trial court order, including the imposition of costs on the state, pointing out that the state had not even challenged the trial court order. The court observed that the shortage of prosecutors was not a new problem and that there was nothing before it to demonstrate that govt had taken serious steps to address the matter.
He also pointed out that the issue of shortage of prosecutors was already pending before the high court, which has over time passed a series of orders.