Chandigarh February 28:
The Punjab and Haryana High Court has held the state of Punjab at fault for its failure to provide the services of public prosecutors to all Criminal Courts in the state.
The Division Bench of Chief Justice Ranjan Gogoi and Justice Augustine George Masih has asserted: “It is the duty and obligation of the state to ensure that each Criminal Court in the State of Punjab, at whatever level, has the services of a public prosecutor available. “The facts stated in an additional affidavit indicate that the position as on date is otherwise and there are Courts in which the services of the public prosecutors are not available”.
But the Bench stopped short of passing any order after the state undertook to rectify the situation by April 1. The Bench observed: “Additional Advocate-General, Punjab, Rupinder Khosla, has submitted that every endeavour will be made to post at least one public prosecutor in each Court and the state would take up the matter on an immediate basis and ensure that each Court of the State of Punjab is provided with the services of a public prosecutor, at whatever level, i.e. district attorney, deputy district attorney, additional district attorney effective from April 1.
“In view of the stand taken on behalf of the State of Punjab, we are of the view that no further orders in this PIL will be called for. The PIL is, accordingly, disposed of in terms of the undertaking made on behalf of the State of Punjab”. In his petition filed in public interest, high court advocate HC Arora had earlier underscored the issue of shortage of public prosecutors in different Criminal Courts of the state.
Taking up the matter, the Bench observed: “In view of the existing shortage of public prosecutors, a specific prayer has been made that 15 additional district attorneys, now working in the office of the State Legal Services Authority, Punjab, be sent to the Prosecution & Litigation Department of the government for being posted in the Courts.
Before parting with the order, the Bench added: “In the additional affidavit, there is further mention of the steps that have been taken or in the offing for appointment, including creation of the additional posts of the district attorneys, deputy district attorneys and additional district attorneys in different Courts”.
The Punjab and Haryana High Court has held the state of Punjab at fault for its failure to provide the services of public prosecutors to all Criminal Courts in the state.
The Division Bench of Chief Justice Ranjan Gogoi and Justice Augustine George Masih has asserted: “It is the duty and obligation of the state to ensure that each Criminal Court in the State of Punjab, at whatever level, has the services of a public prosecutor available. “The facts stated in an additional affidavit indicate that the position as on date is otherwise and there are Courts in which the services of the public prosecutors are not available”.
But the Bench stopped short of passing any order after the state undertook to rectify the situation by April 1. The Bench observed: “Additional Advocate-General, Punjab, Rupinder Khosla, has submitted that every endeavour will be made to post at least one public prosecutor in each Court and the state would take up the matter on an immediate basis and ensure that each Court of the State of Punjab is provided with the services of a public prosecutor, at whatever level, i.e. district attorney, deputy district attorney, additional district attorney effective from April 1.
“In view of the stand taken on behalf of the State of Punjab, we are of the view that no further orders in this PIL will be called for. The PIL is, accordingly, disposed of in terms of the undertaking made on behalf of the State of Punjab”. In his petition filed in public interest, high court advocate HC Arora had earlier underscored the issue of shortage of public prosecutors in different Criminal Courts of the state.
Taking up the matter, the Bench observed: “In view of the existing shortage of public prosecutors, a specific prayer has been made that 15 additional district attorneys, now working in the office of the State Legal Services Authority, Punjab, be sent to the Prosecution & Litigation Department of the government for being posted in the Courts.
Before parting with the order, the Bench added: “In the additional affidavit, there is further mention of the steps that have been taken or in the offing for appointment, including creation of the additional posts of the district attorneys, deputy district attorneys and additional district attorneys in different Courts”.
