The Supreme Court has highlighted a chronic shortage of public prosecutors as a chief cause of delays in criminal trials. In a recent hearing, the bench urged state governments to appoint at least one prosecutor for every courtroom of a sessions court hall.
Key Developments
- Justice B.V. Nagarathna and Justice Ujjal Bhuyan granted bail to an accused under the NDPS Act, noting a three‑year pre‑trial detention.
- The bench linked the bail decision to the "inevitable delay" caused by the lack of dedicated prosecutors.
- Both judges criticised the practice of prosecutors travelling from other districts and appearing only on limited days.
- They called on state authorities, the Law Minister, Advocate Generals and Directors of Prosecution to fill vacant prosecutor posts immediately.
Important Facts
- The accused, Dolubhai Vihabhai Gohil, was arrested on 4 March 2023 for alleged offences under Sections 8(b), 8(c) and 18(c) of the NDPS Act, which carry a maximum punishment of ten years.
- He spent three years and two months in custody before the Supreme Court intervened.
- The prosecution had listed 46 witnesses, but only six had been examined, indicating a likely prolonged trial.
- Justice Nagarathna emphasized that even a well‑prepared trial schedule collapses without a resident prosecutor.
- Justice Bhuyan noted that many states lack budgetary allocation for constructing new courts, compounding the problem.
Exam Relevance
The issue touches upon several GS topics. The shortage of prosecutors reflects administrative inefficiency in the justice system (GS2: Polity). It also raises questions about the implementation of criminal law reforms and the role of the Directorate of Prosecution in staffing courts. U