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Delhi HC Defers Hearing on Plea Seeking Addn Public Prosecutors for Rape, POCSO Cases in Fast-Track Courts

By: Gautam Mishra

Edited By: Shilpy Bisht

LawBeat

Last Updated: December 06, 2022, 16:45 IST

New Delhi, India


A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad listed the matter for hearing on April 10, 2023. (File Photo/News18)

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad listed the matter for hearing on April 10, 2023. (File Photo/News18)

Counsel appearing for the petitioner informed the bench that there are 53 fast-track special courts in Delhi for trials in rape and POCSO cases. However, only 37 additional public prosecutors are posted in these special courts

The Delhi High Court on Tuesday deferred hearing on a plea seeking direction to create 73 posts of Additional Public Prosecutors and subsequent appointments for conducting trials in the fast-track special courts in Delhi.

A bench of Chief Justice Satish Chandra Sharma and Justice Subramonium Prasad listed the matter for hearing on April 10, 2023.

The plea has been filed by the Delhi Prosecutors’ Welfare Association has alleged that a shortage of additional public prosecutors has adverse effects on the criminal justice system and the whole objective of establishing fast-track special courts for trials of sensitive matters gets defeated.

The petitioners were represented by advocates Aditya Kapoor, Manika Goswamy, Harsh Ahuja, Kushal Kumar, Medha Tandon, and Akash Gupta from the law firm Erudite Legal.

Counsel appearing for the petitioner informed the bench that there are 53 fast-track special courts in Delhi for trials in rape and POCSO cases. However, only 37 additional public prosecutors are posted in these special courts.

The plea submitted that the association had made several requests and submitted representations to the Delhi government to create aforesaid 73 posts. They highlighted the shortage of Additional Public Prosecutors in the FTSCs and the problems being faced owing to such shortage. However, the Delhi government, without any reasonable excuse, has failed to take any action on the same, the plea added.

Additionally, it has been argued that the Department of Prosecution had earlier submitted a detailed proposal to create 73 posts of Additional Public Prosecutors for the purposes of FTSCs, however, the Delhi government had arbitrarily rejected the proposal of the Department of Prosecution thereby violating Article 14 of the Constitution.

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first published:December 06, 2022, 16:40 IST
last updated:December 06, 2022, 16:45 IST
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