The Delhi High Court has expressed concern over the persistent shortage of public prosecutors in the national capital, observing that it is affecting the disposal of criminal trials and bail matters. Justice Girish Kathpalia stayed the recovery of ₹5,000 in costs from the salary of Delhi's Director of Prosecution, Maqsood Ahmed, but refused to stay the cost imposed on the State.
Background
In Maqsood Ahmed v. State NCT of Delhi, Ahmed challenged an October 6, 2026, order of an Additional Sessions Judge imposing ₹5,000 in costs on the State after no public prosecutor appeared despite repeated passovers until 11:30 am.
The trial court had directed that the amount be recovered from Ahmed's salary. Appearing for him, Senior Advocate Ramesh Gupta argued that the prosecution department was facing an acute shortage of public prosecutors and additional public prosecutors.
Justice Kathpalia acknowledged the pressure on trial courts to dispose of pending cases while questioning the decision to recover the costs personally from Ahmed.
"The impugned order is a conspicuous expression of anguish of the trial judge, who faces pressure of overflowing dockets and expectation of the superior courts as regards expeditious disposal of the bail matters and even trials. At the same time, directions for recovery of the cost from salary of the petitioner in the absence of any specific observation regarding any malfeasance or misfeasance, would prima facie not be proper."
The Court also highlighted the continuing impact of the shortage on criminal proceedings.
"Shortage of prosecutors has become a perennial problem, which severely impacts the disposals of criminal trials and even bail matters. This is not a new problem."
On the State's response, the Court observed:
"There is nothing before me to show any serious steps being taken by the State. Rather, State has not even challenged the said order."
The High Court stayed the recovery of the ₹5,000 cost from Ahmed's salary until the next hearing. However, it declined to stay the cost imposed on the State. The government was directed to file a detailed reply or status report at least one week before the next hearing.
The matter is listed for February 3, 2027.
Case Details
- Case Title: Maqsood Ahmed v. State NCT of Delhi
- Case Number: CRL.M.C. 7915/2026
- Judge: Justice Girish Kathpalia
- Decision Date: October 27, 2026
