The Delhi High Court on Wednesday sought response from the Delhi goverment over a petition for the creation of 73 posts for Additional Public Prosecutors for the purposes of conducting trials in fast-track special courts that are functioning in the capital for trial of cases relating to Protection of Children from Sexual Offenses (POCSO) and rape.
A division bench of the High Court presided by Chief Justice D.N. Patel and Justice Jyoti Singh issued notice over the petition filed by the Public Prosecutors Welfare Association and has now kept the matter for further hearing on March 24.
The plea, filed through advocates Aditya Kapoor, Kushal Kumar, Harsh Ahuja, Manika Goswamy and Akash Deep Gupta, also sought the court’s direction to the government to create these additional posts and make subsequent appointments to these posts.
“Currently, there are 53 fast-track special courts functioning in Delhi for the purposes of trials of rape cases and POCSO Act cases. However, only 37 additional public prosecutors are posted in these fast-track special courts,” the plea said.
“Such a shortage of additional public prosecutors is having adverse effects on the criminal justice system and the whole objective of establishing Fast Track Special courts for the trials of sensitive matters is being defeated by such shortage,” the plea said further.
The petitioner told the bench that several requests have already been made to the government and representations have also been submitted in this regard.
“However, the Respondent, without any reasonable excuse, has failed to take any action on the same. Further, the Department of Prosecution, GNCTD had earlier submitted a detailed proposal for creation of 73 posts of the Additional Public Prosecutors for the purposes of FTSCs, however, the Respondent GNCTD had arbitrarily rejected the proposal of the Department of Prosecution and thereby violating Article 14 of the Constitution of India,” it said.