HC seeks Delhi government, UPSC stand on PIL against appointment of director of prosecution

NEW DELHI: The Delhi high court on Friday sought the stand of the city government and the union public service commission on a PIL challenging the appointment of director of prosecution Alka Goel.

A bench of chief justice Satish Chandra Sharma and justice Sanjeev Narula also issued a notice to Goel on the petition filed by assistant public prosecutor Chiranjit Singh Bisht.

Also read | SC seeks replies from Centre, states, UTs on plea seeking reservation for transgenders in education

The petitioner argued that the appointment of Goel as the director of prosecution in the Delhi government was liable to be declared void as it was made arbitrarily and against legal provisions. "On '03.03.2023', vide impugned order, Smt. Alka Goel was appointed/promoted as director (prosecution), Government of NCT of Delhi without the concurrence of the chief justice of the high court," the petition said.

"The appointment/promotion of Alka Goel as director (prosecution), government of NCT of Delhi without the concurrence of the chief justice of the high court is illegal, hence void ab initio. Further, the Director (Prosecution) Recruitment Rules, 2021, which exclude the mandatory concurrence of chief justice of high court undermining its Constitutional office as envisaged under Section 25-A of CrPC is ultra vires, hence void to that extent," it argued.

The post of director of prosecution is very important in the administration of justice in criminal matters and the concurrence of the chief justice in filling the post is an effort to make prosecution independent, the plea filed through lawyers Sarvesh Singh and Rajeshwari Mitra stated. The matter will be heard next in October.