Judges should not insist on a particular prosecutor: Circular

The district judge of trial courts here have asked all judicial officers in Delhi to desist from insisting on posting of a particular prosecutor or naib court in their court.
The administrative order was passed by District and Sessions Judge (headquarters) Talwant Singh following a communication received from the office of the director of prosecution, the in-charge of posting prosecutors in trial courts here, expressing concern over the conduct of judges.
The Directorate of Prosecution claimed that a large number of judges are time and again insisting on posting a particular prosecuting officer or 'naib court' (policeman posted in each court) in their courts.

The circular stated that all the additional sessions judges/ chief metropolitan magistrates/ additional CMMs/ MMs are advised to note that the Directorate of Prosecution is an independent agency which has to run its administration in an independent, legal and justified manner.
It said that it is the prerogative of the office of Directorate of Prosecution to allocate public prosecutors for representing the state before the criminal courts and "there is no justification in demanding that a particular PP/ APP etc be appointed in a particular court or to refuse to allow newly promoted APPs to perform their duty in the sessions court".

The circular further said that any correspondence with the office of the chief secretary or the home secretary has to be done through the office of the District and Sessions Judge.

"The practice of passing judicial orders for posting of a particular public prosecutor in the court may kindly not be resorted to," it said.
The circular said it was expected that all the judicial officers will comply with the advice and allow the Directorate of Prosecution to perform its duties in a "lawful, dignified and justified manner without creating any undue pressure upon the said officer".
The district judge, who had held a meeting with the director of prosecution, said he was informed that a few judges were even going to the extent of threatening to write letters to the chief secretary/home secretary of the Delhi government in this regard and in some cases, even judicial orders have been passed.

The circular said though the Directorate of Prosecution provides all sorts of assistance for effective administration of criminal justice system, such demands by judges create hindrance in the smooth functioning of the system because it is not practically feasible on all occasions to fulfil the these demands of the judges of Delhi district courts.
"Moreover, the practice of posting of a particular PP/ APP and naib court as per directions of the judges is creating difficulty in smooth functioning of the directorate," it said.
It was also mentioned by the Directorate of Prosecution that a few additional sessions judges were reluctant to avail services of newly-promoted additional public prosecutors (APP) in their courts on the ground that they do not have sufficient experience whereas those APPs have already worked in trial courts for a long time.