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Hursha (Director)     11 December 2011

Absence of public prosecutor

This is with reference to a grave offence of alleged homicide. Charges were framed over a year ago. Prosecution realizes that theirs is an extremely weak case as it has been built upon shaky and fabricated circumstancial evidence. Forensic and Scientific evidence that has been submitted in the court is against them. Hence, Prosecution wish to delay the trial as much as possible to harass and frustrate the accused who are fighting hard for justice by requesting the judge repeatedly for a speedy trial.

So far, the prosecution has succeeded in their delaying tactics as some Asst. Public Prosecutor appears on the date of hearing and requests an adjournment stating that another Public Prosecutor is being appointed etc etc. At every date of hearing, a different Asst. Public Prosecutor who has been mandated to manage that particular day appears !!! The judge has been very sharp in his comments against the delaying tactics but has never taken any action. As there is no designated Public Prosecutor, summons for list of witnesses is not being issued and the schedule for witness examination is not being fixed.

Apart from going to the High Court, is there any procedure/process that can be of help ??


 7 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     11 December 2011

dear hursha

go HC and file a writ for direction to Court.

Hursha (Director)     11 December 2011

Dear Nadeem, Thanks for your prompt response...There is a fear that by approaching the High Court, the Defense will antagonize and upset the judge..and when the trial eventually resumes, the judge could be against the Defense....Is there any other way to resolve this without upsetting the judge ?

B.N.Rajamohamed (advocate / commissioner of oaths)     12 December 2011


This a matter pertaining to the violation of your fundamental rights to speedy trial under article 21 of the constitution of india. Hence, you have to approach only the high court under section 482 Cr.P.C. for the expeditious disposal of cases.

murugesanshanmugavel (non practising lawyer)     12 December 2011

Approach the Directorate of procecutuon or other higher authority in charge of allotting court work to Apps and request them to allot an APP to take charge of your case and conduct it expeditiously till it is concluded.

Shonee Kapoor (Legal Evangelist - TRIPAKSHA)     12 December 2011

If you are frightened no one can help you.


Just be patient and let it drag for years together. Choice is yours.



Shonee Kapoor

N.K.Assumi (Advocate)     12 December 2011

Very unfortunate on the parts of Public Prosecutor to flee from his legal duties. The duty of Prosecutor is not to obtain convictions by hook or crook and as a Minister of Justice his duty is to prosecute and not to presecute.

DEFENSE ADVOCATE.-firmaction@g (POWER OF DEFENSE IS IMMENSE )     15 December 2011

These are normal problems with the legal system and you are not alone.

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