Delhi Riots: Court Imposes 3K Fine For Prosecutor's Failure To Appear Since January, Directs Commissioner Of Police To Conduct Enquiry

A Delhi Court has imposed a cost of Rs. 3000 on the State after a Special Public Prosecutor failed to appear in a case concerning the North East Delhi riots since the filing of chargesheet in January this year in the matter.

Chief Metropolitan Magistrate Arun Kumar Garg also directed the Commissioner of Police Delhi to conduct an enquiry for fixing the responsibility for imposition of the cost and also to order deduction of the same from the salary of the person responsible.

The development came after the Court was dealing with FIR 205 of 2020 registered at Khajuri Khas police station.

The Court was apprised by the counsel appearing for the accused Salman that the copy of the chargesheet supplied him was complete in all respects. 

However, a request for adjournment was made on behalf of the State for commencing arguments on charge on the ground that the SPP was once again not available.

"Perusal of the file shows that Ld. SPP in the present case has not appeared even once since the date of filing of the present chargesheet on 30.01.2021. Request for adjournment is allowed subject to cost of Rs. 3,000/­ to be deposited by the State in the court on the NODH," the Court ordered.

The matter will now be heard on January 25.

Significantly, a Sessions Judge had recently expressed it's concern over the delay in disposal of delhi riots cases due to non appearance of Special Public Prosecutors.

It had sought report from the DCP concerned for taking the issue 'seriously' and also to appoint further SPPs to represent the prosecution in the matters.

Similarly, the Principal District & Sessions Judge had directed DCP, North East district to sensitize the subordinate police officers to comply with the judicial orders and directions of the Trial Court in the riots cases in order to ensure that there is no delay in the pending cases.

Title: State v. Shahrukh

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