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This is an archive article published on June 14, 2010

Neglected prosecutors due for better deal after court rap

Modular workstations,well-lit air-conditioned space earmarked in all five court premises,50 additional support staff,speedy recruitment of more prosecutors along with a policy of regular promotion...

Modular workstations,well-lit air-conditioned space earmarked in all five court premises,50 additional support staff,speedy recruitment of more prosecutors along with a policy of regular promotion,a new post called the head of the Department of Prosecution armed with the powers to take up their cause — it appears the Capital’s public prosecutors may finally be on the verge of getting their long due entitlements.

With the Delhi High Court taking a strong note of the plight of the Capital’s prosecutors,the Delhi government is planning a complete overhaul of its Directorate of Prosecution.

When the Division Bench,headed by then acting Chief Justice Madan B Lokur,was informed about the dismal working conditions of the law officers,he had used the words “scandalous,shocking and appalling”. The response was triggered by the facts — apart from petty salaries,officers did not have basic amenities like drinking water,washrooms,furniture,study material,support staff or adequate training.

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A report on the matter had also highlighted that while a prosecutor on an average handles more than 3,000 cases a year,approximately 10 prosecutors leave the job every year due to poor working conditions. The outcome — disposal of criminal cases was in at least 30 courts affected due to non-availability of prosecutors.

Justice Lokur took into account another PIL that had sought the appointment of more prosecutors to speed up hearings for 268 undertrials.

In the first week of June,government Standing Counsel Najmi Waziri submitted before the court its latest affidavit, stating that the principal secretaries of the Home and Law departments had visited all five court complexes as directed by the court,and were in agreement with its view.

According to the affidavit,the Directorate of Prosecution will now undergo a rehaul to make way for a head of the department in place of a director. The new chief will be endowed with powers,including financial,to allow more effective functioning. The proposal is already under consideration,the government told the court.

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“The government has also taken up the matter of filling up vacancies with the UPSC for direct recruitment of additional public prosecutors and regular promotions of those who are employed on an ad-hoc basis,” it further read.

The affidavit also stated that a proposal was being considered for setting up a Departmental Promotional Committee (DPC) for promoting the additional public prosecutors to the post of chief prosecutors in accordance with the rules. There is at present no DPC in place for the prosecutors.

“As far as their daily requirements of stationery,computers,laptops,mobile phones etc is concerned,the government is already doing the needful and the affidavits have also been filed in this regard,” the document read.

The minutes of the meeting between the secretaries and the district judges of the city courts further detailed the points of action. It included setting up modular workstations for prosecutors or cabins for and induction of 50 support staff by the Home department.

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“The Directorate of Prosecution or Chief Prosecutors will constitute committees of prosecutors to look after the library,sanitary and general administration,” the documents stated.

The government has also assured that issues regarding amenities like furniture,drinking water and air-conditioners will also be taken care of very soon. The court has now listed the matter for further hearing in July when the Delhi Prosecutors’ Association will file its counter affidavit. The government’s response is,however,silent on the salary of prosecutors,despite being clearly mentioned by the judges and the Prosecutors Association’s affidavit.

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