The Supreme Court on Friday said shortage of public prosecutors was one of the major reasons behind delays in criminal trials and urged State governments to immediately fill vacancies [Dolubhai Vihabhai Gohil v. State of Gujarat]
A Bench of Justices BV Nagarathna and Ujjal Bhuyan made the observations while granting bail to an accused booked under the Narcotic Drugs and Psychotropic Substances Act (NDPS Act).
“You say that there is delay in criminal justice dispensation in the country. You ask us, we will give you the suggestions. Will you implement it? Please all of you State counsel, ask your governments to appoint prosecutors,” the Bench remarked.
The Court further told State counsel appearing before it to raise the issue with the concerned authorities.
“All of you appearing as State Counsel, please advise, bring it to the Law Minister, Advocate General, Director of Prosecution and in the summer holidays, please use this time for all this, you see effective suggestions to be implemented,” the Court added.
Ask your governments to appoint prosecutors.Supreme Court
The Court was hearing an appeal challenging a Gujarat High Court order by which successive regular bail had been denied to the accused.
The accused was booked after an FIR was registered for offences punishable under Sections 8(b), 8(c) and 18(c) of the NDPS Act.
The Gujarat High Court denied bail after observing that 141 kg of opium allegedly recovered from the accused’s field constituted “commercial quantity” under the NDPS Act.
Aggrieved by this, the accused approached the Supreme Court.
Before the Supreme Court, the counsel for the accused argued that the maximum punishment under the invoked provisions was ten years and that the accused had already spent more than three years in custody since March 4, 2023.
It was further submitted that the prosecution had cited 46 witnesses, but only six had been examined so far, making an early conclusion of the trial unlikely.
During the hearing, the Bench noted the practical difficulties arising from the shortage of prosecutors.
“Please appoint public prosecutors. He is not able to open the case even if the timetable is made. The prosecutor cannot come and open the case and therefore this contention that trial may be inevitably delayed so grant bail and then they will abscond. What happens to the crime? Somebody must examine all of this,” the Court remarked.
However, the State opposed the plea and argued that there was no merit in the appeal.
After hearing both sides, the top court allowed the appeal and directed that the accused be released on bail subject to conditions imposed by the trial court.
[Read Order]