High Court Issues Notice On PIL Challenging Appointment Of Delhi Govt’s Director Of Prosecution

The Delhi High Court on Friday issued notice on a public interest litigation challenging the appointment of Alka Goel, the Director of Delhi Government’s Directorate of Prosecution, as illegal.

A division bench of Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula sought response of the Delhi Government through Chief Secretary and Principal Secretary (Home), Union Public Service Commission and Goel.

The plea has been moved by Chiranjit Singh Bisht, working as an Assistant Public Prosecutor in the Directorate of Prosecution. He has alleged that the appointment is not in consonance with the statutory provision as provided under Section 25A of CrPC.

The PIL has been filed through Advocates Sarvesh Singh and Rajeshwari Mitra.

Section 25A of the Code states that the State Government may establish a Directorate of Prosecution consisting of a Director of Prosecution and as many Deputy Directors of Prosecution as it thinks fit.

The provision further adds that a Director of Prosecution or a Deputy Director of Prosecution shall be in practice as an advocate for not less than ten years and that such appointment shall be made with the concurrence of the Chief Justice of High Court.

Bisht has also challenged the Director (Prosecution) Recruitment Rules, 2021, as being illegal and ultra vires to the statutory mandate of Section 25A of the Code. A direction is also sought to appoint a suitable person to the post of Director (Prosecution) as per law.

In his plea, Bisht has said that there is no transparency and no open call for applications or advertisement for appointment to the post of Director of Prosecution. He also submits that the appointment process is entirely “arbitrary and opaque” and completely violative of rule of law.

“Therefore, the appointment/promotion of Smt. Alka Goel as Director (Prosecution), Govt. ofNCT of Delhi without the concurrence of the Chief Justice of the High Court is illegal, hence void ab initio. Further, the Director (Prosecution) Recruitment Rules, 2021 which exclude the mandatory concurrence of Chief Justice of High Court undermining its Constitutional office as envisaged under Section 25-A of CrPC is ultra vires, hence void to that extent,” the plea states.

Case Title: CHIRANJIT SINGH BISHT v. GOVT. OF NCT OF DELHI & Ors.