The directions came during the hearing of an ongoing suo motu PIL initiated by the High Court over shortage of prosecutors affecting criminal justice administration in Punjab and Haryana
29 May, Chandigarh : Taking serious note of a shortage of 225 Assistant District Attorneys (ADAs) in Punjab’s magisterial courts, the Punjab and Haryana High Court has directed the State Government to immediately recall all District Attorneys (DAs), Deputy District Attorneys (DDAs) and ADAs posted on deputation and redeploy them for judicial work across districts.
The directions came during the hearing of an ongoing suo motu public interest litigation initiated by the High Court over shortage of prosecutors affecting criminal justice administration in Punjab and Haryana. At the onset, the Bench of Chief Justice Sheel Nagu and Justice Yashvir Singh Rathor was informed through a response affidavit filed by Punjab that only 211 ADAs were presently posted against 436 courts in the magisterial cadre across Punjab, leaving a deficiency of 225 prosecutors.
Referring to the affidavit and accompanying documents, the Bench recorded: “Insofar as the State of Punjab is concerned, the response affidavit is accompanied by annexures, which reveals that against 436 Courts in the magisterial cadre across the State of Punjab, only 211 ADAs are presently posted, thereby leaving a deficiency of 225 posts.”
The State counsel submitted before the Court that an advertisement dated April 23, had already been issued for filling up 170 vacant ADA posts. Taking serious note of the continuing deficiency, the Bench issued a writ of mandamus directing the Punjab Government to immediately recall all prosecutors working outside court assignments.
“The State of Punjab is directed by a writ of mandamus to issue orders recalling all those DA, DDA and ADA who are presently not discharging Court duties (on deputation) and posting them to various District & Sessions Judges, Additional District and Session Judges, Civil Judges (Senior Division) and Civil Judges (Junior Division) wherever deficiency of DAs/DDAs/ADAs exists and report compliance before next date of hearing,” the court ordered.
The High Court also examined the position relating to superior judiciary courts in Punjab and found that out of 114 DDAs, six were working on deputation instead of handling court work. “As regards the courts manned by officers belonging to superior judiciary in the State of Punjab is concerned, the document further reveals that there are only 114 DDAs, out of whom six persons have been found working on deputation,” the Bench observed.
The court directed immediate cancellation of their deputation. “By way of a writ of mandamus, the State of Punjab is directed to forthwith cancel the deputation of the six DDAs and immediately post them in respective Districts for judicial work, wherever the deficiency exists,” the Bench ordered.
Explaining the reason for passing stringent directions, the High Court observed that both Punjab and Haryana had failed to ensure adequate prosecutorial strength for judicial functioning. “We are taking this extreme step since both the States were insensitive towards deputing adequate number of DAs/DDAs/ADAs for judicial work in various Districts which hampers the justice delivery system,” the Bench observed.
The court further noted that corrective measures in Haryana were initiated only after judicial intervention. “It is also pertinent to point out that it is only when this Court took cognizance that an order in respect of 169 persons working on deputation (in case of Haryana State), has been passed by posting them back to the courts,” the Bench added.
The Bench also put both States on notice over possible imposition of costs for forcing the Court to initiate and monitor the matter. “The counsel for the State of Haryana as well as State of Punjab are directed to argue on the question as to why cost be not imposed for compelling this Court to take up this avoidable piece of litigation thereby consuming precious time of this court which could have been utilized for more pressing matter,” the order stated. The matter has been adjourned to July 14 for further compliance and consideration.
The Tribune