Supreme Court Calls for Dedicated Prosecutors in Every Sessions Court Hall to Curb Trial Delays

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. UPSC 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. Understanding bail jurisprudence, especially the balance between personal liberty and trial delays, is essential for questions on criminal procedure. The case also illustrates the impact of drug‑related offences on law‑and‑order priorities (GS3: Law & Order). Way Forward State governments should immediately fill all vacant prosecutor positions, ensuring at least one dedicated prosecutor per sessions court hall. Allocate separate budget for constructing additional courtrooms and for hiring additional prosecutors. The Bar Council and legal fraternity should propose mechanisms for faster case disposal, such as specialised fast‑track courts for drug offences. Regular monitoring by the Law Ministry and the Supreme Court can ensure compliance with the directives. Addressing the prosecutor shortage is crucial to reduce pendency, protect the rights of the accused, and strengthen public confidence in the criminal justice system.