Multiple positions in the Public Prosecutors (PP) with the National Investigation Agency (NIA) are vacant for almost a year even as India’s premier anti-terror investigative organisation had conducted the screening, short-listing and finalising of the names for the senior PPs last year.
“Babudom” and the apathy of senior officials of the Ministry of Home Affairs (MHA) are to blame for this lapse, insiders told this newspaper.
In May 2016, the NIA, while releasing notices in newspapers across the country, had invited application for empanelment of lawyers to represent the organisation in various courts in different states.
In its notice, the NIA had stated that it was looking for lawyers well versed in criminal law and procedures to represent the state as Special Public Prosecutor to conduct prosecution, appeals and revision in cases that were with the NIA.
In the notice, the agency had stated that it wanted to appoint the lawyers in different states and Union territories, including Chhattisgarh, Delhi, Bihar, Arunachal Pradesh and Nagaland, where the NIA is dealing with cases related to Naxalism, separatism and terrorism.
The other states and Union territories for which the PPs were to be appointed include Goa, Meghalaya, Lakshadweep, Andaman and Nicobar island and Chandigarh. As per the guidelines, only an advocate who has practised for seven is eligible for the post. After this, the agency did extensive interviews of lawyers, who had applied, a process which was completed in July 2016.
However, almost 10 months after these interviews were conducted, none of the lawyers have been appointed. The scenario has resulted in the NIA finding it difficult to secure conviction in cases that it is investigating.
“It is not from our side that the appointments have not been done. All the formalities were completed from our side by July 2016 and we had sent the names of the lawyers to the MHA as it is the MHA that has to appoint these public prosecutors. However, our friends in the Ministry of Home Affairs haven’t done that. Many of us have repeatedly approached the MHA officials on this matter, but nothing has happened. As of now, close to 60 of our cases are under-trial and you can imagine the kind of difficulties we are facing due to the lack of enough Special Public Prosecutors,” a senior official familiar with the development said.
E-mails sent to the MHA spokesperson and the Special Secretary (Internal Security), seeking the ministry’s response on the issue, did not elicit any reaction till the time the story went to press.