A division bench of Justice said that whether by regular recruitment or on a contract basis to fill up the vacant posts of Public prosecutor in the state.

The main reason for the non-availability of a Public prosecutor will violate the fundamental rights of the accused which delay the trial by lack of availability of an adequate number of the public prosecutor and it will be the cause for increasing the pendency of cases.

The court also noted that a large number of posts of Public prosecutor were vacant in the state when this petition began in September 2019. Even though several orders have been passed but still now a large number of posts are continued to be vacant.

The given period of 12 months had been expired already. So now the court directs the state govt to create an additional post. Within one month they have to create and recruitment process should be started immediately.

The govt also informed that the post of Senior Assistant Public prosecutor cannot be filled on a contract basis which had been passed by the Administrative Tribunal.

But this tribunal order is not restraining to appoint on a contract basis only if it is not a prohibitory order.

So the matter will be heard on Aug 27 and the court directs the govt to file a compliance report on Aug 24.

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