Public Prosecutors Should Be Adequately Trained To Shoulder The "Weighty Responsibilities" Of Post: High Court To Delhi Govt

The Delhi High Court has directed the Delhi Government to conduct training of the newly recruited public prosecutors in coordination with Delhi Judicial Academy.

A division bench comprising Chief Justice Satish Chandra Sharma and Justice Sanjeev Narula observed that given the distinct role played by the Public Prosecutors, it must be ensured that the new appointees are adequately equipped to “shoulder the weighty responsibilities the post carries.”

The court also directed the Delhi Government to file a status report regarding the conduct of training programmes and also the latest position of vacancies in respect of public prosecutors.

The court said that though 60 public prosecutors have been recently appointed in the national capital, however, “alarmingly” no training was imparted to them.

The bench was hearing a bunch of petitions, including a suo moto case initiated by the Court in the year 2009 after a letter petition was moved highlighting the issue of undertrials languishing in jail from 5 to 12 years without a trial.

As the amicus curiae Senior Advocate Rajeev K Virmani highlighted the lack of training programme for the Public Prosecutors, the bench ordered, “GNCTD is hereby directed to coordinate with the Delhi Judicial Academy to conduct training of the newly recruited public prosecutors.”

The court said that the post of Public Prosecutor is an integral part of criminal court system. It added that such officer is positioned as a representative of the sovereign, whose interest is not to secure a conviction but rather to facilitate the administration of justice.

ASG Chetan Sharma appearing for Union Government told the court that the issue of revision of pay scales of Assistant Public Prosecutors is under active consideration of Union Ministry of Home Affairs.

He further stated that the Union Government in August had requested Delhi Government’s Chief Secretary to provide “total financial implication” for revision of pay scales of Assistant Public Prosecutors working under the Directorate of Prosecution, as per their proposal.

Accordingly, the Delhi Government prayed for two weeks’ time to respond to the submission made by the Union Government.

The court also granted four weeks’ time to the Central Government to take final decision in the matter and listed the case for hearing on November 01.

Case Title: COURT ON ITS OWN MOTION v. State

Citation: 2023 LiveLaw (Del) 846

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