What’s so special about them, ask prosecutors

A public prosecutor, he says, joins government service after qualifying a written exam and interview, but a special prosecutor is appointed through “influence” and “links”.

The same special prosecutor who fights for the state will then face the prosecution as defence counsel in another case, he pointed out. “How can they earn money from both sides the state as well as the public? If they are so interested in helping the state, let them join the prosecution branch and stop private practice,” said one assistant public prosecutor.

According to Ashish Bhagat, special prosecutor in the Rohin Mehta murder case: “There is nothing wrong in having a special prosecutor. A public prosecutor has to fight 40-odd cases everyday. Sometimes they are unable to give the required time to a sensitive case — that’s when the state feels that a special prosecutor should be appointed”.

Joint Commissioner of Police, Southern Range, Amod Kanth has similar views. He feels that the special prosecutors devote special attention to a case. “The quality of their presentation is also better,” he adds. The prosecutors argue that they bring a lot of experience to the job. Joon argues: “We start our careers as Assistant Public Prosecutors and fight criminal cases in the courts of the Metropolitan Magistrate. Besides, we also need to have three years of experience before we take the exam. After working as an assistant for 15 years, we are promoted to Additional Public Prosecutor to fight cases in sessions court.” They insist they have enough experience to fight special cases.

The prosecutors also feel resentful towards police officials, saying that they do not co-ordinate with prosecutors. “The police takes the case files to special prosecutors 24 hours before the hearing. Whereas we get the file minutes before the accused is brought to court. How can one expect us to argue effectively?” asks one public prosecutor. And more importantly, they say, special prosecutors don’t have the winning edge. Says Joon: “Take the conviction rate of cases which special prosecutors have fought. It’s not even over one per cent”.

He adds that 32,776 cases are being fought by 27 public prosecutors in the Patiala courts. “There are about 150 prosecutors in all the three lower courts. And all of them fight important cases, including rape cases, dacoity, murder, attempt to murder, cheating and many more,” says Joon.

The prosecution department also complains of staff shortage. According to Joon, the department has more ad-hoc prosecutors than permanent ones. He also reveals that the branch has been functioning without a director since 1995. The Delhi Prosecutors Welfare Association has also filed a complaint in the Central Administrative Tribunal against the state claiming book allowance, court allowance and various other facilities underlined in the Fifth Pay Commission report.

Home Secretary Ashok Nath, said the department is trying to evolve a process to select and appoint senior public prosecutors as special prosecutors. “Sometimes, there are cases in which the private party and the state feels that a special counsel is required to fight the case, since the defence is equipped with eminent lawyers. And to be just to the persecution branch, we are looking into their grievances.” he added.