- (1.) Pursuant to our directions dated 21.12.1989 the Addl. Secretary Home (Police) Department of the State Government has filed an affidavit disclosing the fact that in the 35 districts of Bihar, there are in all, 562 courts and as against these 562 courts there are at present 257 Assistant Public Prosecutors functioning. At Gaya, for instance, as the annexure to the affidavit shows there are 13 courts and 6 Assistant Public Prosecutors, the ratio being about one Assistant Public Prosecutors for two courts, while at Barah there are 7 courts with only one Assistant Public Prosecutor. The figures disclose that there is no uniformity in allocation and no attention has been devoted while creating posts at particular stations and entrusting the Assistant Public Prosecutors with work. We had earlier suggested to learned counsel appearing for the State of Bihar to disclose all material aspects necessary for consideration as to whether there is adequate provision of Assistant Public Prosecutor to assist the functioning of the criminal court in the State. In the absence of details of court wise or station wise workload, it is difficult for us at the moment to determine the adequacy of the number of Assistant Public Prosecutors for the 562 courts.
(2.) It is admitted that there are 79'vacancics for filling of which steps have been taken and the written recruitment examination is taking place from tomorrow. We direct these vacancies to be filled-up within ..ten weeks from now.
(3.) In the absence of appropriate material coming from the State of Bihar, we are of the view that every court should have an Assistant Public Prosecutor. The State of Bihar is directed to create posts of Assistant Public Prosecutor as many as necessary to meet the short-fall on the aforesaid basis and this should be done by the end of March, 1990. In the meantime, within four weeks from today, the respective District Magistrates are directed to take steps under section 25(3) of the Code of Criminal Procedure to provide the services of a counsel to act as Assistant Public Prosecutor in each court so that no single trial is adjourned for want of Assistant Public Prosecutors. A copy of this order shall be communicated to the State Public Service Commission for finalising the recruitment of the 79 Assistant Public Prosecutors by 21st of February, 1990 and send out its recommendation to the State Government. The State of Bihar has undertaken through Mr. Goburdhan to fill up the vacancies in respect of the 79 posts within three weeks of receipt of the recommendations of the State Public Service Commission.;