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

The Delhi High Court on Tuesday deferred hearing on a plea seeking directions for creation of 73 posts of additional public prosecutors and subsequent appointments to conduct trials in fast-track special courts in Delhi.

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

The petition, filed by the Delhi Prosecutors Welfare Association, alleged that the paucity of Additional Public Prosecutors adversely affects the criminal justice system and defeats the entire purpose of setting up fast-track special courts to try sensitive cases.

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

The counsel appearing for the petitioner told the bench that there are 53 fast-track special courts in Delhi for trial of rape and POCSO cases. However, only 37 additional public prosecutors are posted in these special courts.

The plea states that the association had made several requests and submitted representations to the Delhi government to create the above 73 posts. He highlighted the shortage of Additional Public Prosecutors in FTSC and the problems caused by such shortage. However, the Delhi government has failed to take any action on it without any valid excuse, the petition said.

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 the FTSCs, however, the Delhi Government arbitrarily rejected the proposal of the Department of Prosecution. which violated Article 14. of the constitution.

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