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In a case which has been pending for over fourteen years, the Rajasthan High Court has sought details from the State government regarding infrastructure and other facilities and amenities which are being provided to Public Prosecutors and Assistant Public Prosecutors in the State.
The order was passed by a Bench of Justices Mohammad Rafiq and Goverdhan Bardhar in the 2004 case of Rajasthan Assistant Public Prosecutor Association v. State of Rajasthan. The petition had prayed that adequate infrastructure be provided for the offices of the Public Prosecutors and the Assistant Public Prosecutors in the entire State of Rajasthan.
In its order passed on October 12, the Court noted that matter has remained pending before this court for last fourteen years and the Court had passed several orders in this regard from time to time.
A detailed and comprehensive order was passed on March 27, 2015 directing the concerned authorities of the State Government to file an affidavit indicating the compliance with directions including:
(1) filling up of the vacancies of the Assistant Public Prosecutors within the prescribed time,
(2) sanctioning the posts of staff for Assistant Public Prosecutors, so as to include at least one clerk, one stenographer and a peon within the prescribed time,
(3) preparing a model plan for the districts in suitable categories for providing infrastructure.
The State Government was directed to sanction the budget immediately without any delay after the preparation of the plan, for which two months’ time was granted.
When the matter was listed in April 2015, the Court had also taken note of the vacancies as well as the lack of infrastructure even observing that it was pained to be appraised of the lack of infrastructure for public prosecutors.
“The court was therefore at pains to observe that how, in the absence of any infrastructure, the doctors, experts and the police officers, who are summoned to give evidence, are accommodated and how the offices of the Public Prosecutors can function without proper and adequate infrastructure with them.”
The Court had gone to the extent of asking whether those officers required to sit under the trees or in shades, waiting for their turn for being examined as a witness in a criminal case?
Subsequently, more orders were passed seeking details of the development of infrastructure and payment of salaries of public prosecutors and assistant public prosecutors.
When the matter came up for hearing on October 12, the Court noted all of the above and passed an order directing the Additional Chief Secretary to the Government, Home Department to file an affidavit indicating, inter alia, the following:
– The total number of working Public Prosecutors and Assistant Public Prosecutors in the State of Rajasthan and the details of the vacancies, if any.
– How many Public Prosecutors and Assistant Public Prosecutors have independent office premises for their functioning?
– Whether there is sufficient availability of land for construction of the offices of the Public prosecutors and the Assistant Public Prosecutors in the concerned court premises or adjacent thereto at all the District Headquarters, Sub Divisional Headquarters and Tehsil Headquarters and, if not, whether such land has been allocated by the State Government after an order passed by the court in this regard.
– Whether any model plan for construction of the offices of the Public Prosecutors and Assistant Public Prosecutors in terms of the directions of the High Court, was prepared and, if so, as to at how many places such buildings have already been constructed and what is the plan for construction of building at remaining places?
– Whether each of the Public Prosecutors and the Assistant Public Prosecutors has been provided the requisite subordinate staff of at-least one clerk, one stenographer and a peon, as per the direction of this court dated 27.03.2015?
– Whether each of the Public Prosecutors and the Assistant Public Prosecutors has been provided with the libraries and laptops as per the budgetary allocation made by the 13th Finance Commission Grants or otherwise by the State Government?
– Whether any module has been prepared for training of the Public Prosecutors and the Assistant Public Prosecutors and how often they are sent for the refresh course or in-service training?
– Whether any decision has been taken by the State Government with regard to their demand of raising the grade pay to Rs.4800/- as against the grade pay of Rs.4200/- in the pay scale of Rs.9300-34800, in terms of the order dated 16.04.2015?
Read the order below.