CHENNAI: Public scrutiny surrounding the POCSO allegations against GEM Granites chairman Veeramani (84) has spotlighted the systemic infirmities in timely arrest and prosecution of suspects for crimes.
The crisis is compounded by the fact that the Directorate of Prosecution — the agency tasked with overseeing criminal cases — is stretched thin, with nearly 23 per cent (116) of its sanctioned posts lying vacant. Prosecutors also alleged that a matching number of new positions in the directorate, awaited for a long time, have yet to be created.
According to a report submitted by the directorate to the Home Department, 116 of the 505 sanctioned posts are vacant as of September 1, 2026. Of these, 103 of 426 posts are vacant in the prosecution department, and 13 of 79 sanctioned posts in other departments to which prosecution department officials are deputed are vacant.
The vacancies span the posts of Director of Prosecution, Deputy Director of Prosecution, Assistant Director of Prosecution (Administrative Works), Additional Public Prosecutor, and Assistant Public Prosecutors Grades I and II.
As per sources, the sanctioned posts have remained vacant for more than 2.5 years. Prosecutors also claimed that, despite consistent demand, more than 100 non-sanctioned posts of Additional Public Prosecutors and Assistant Public Prosecutors Grades I and II had not been created across Tamil Nadu for more than a decade.
TNIE spoke to at least five public prosecutors, who said these vacancies were affecting the speedy disposal of cases, including the POCSO cases before Juvenile Justice Boards (JJBs), while placing prosecutors under considerable strain. Several of them said they were forced to work even when ill.
Prosecutors told TNIE that when a public prosecutor is unavailable, there may be adjournments. “In-charge public prosecutors are deputed in a case if a public prosecutor is not available, but they often lack continuity and tend to work mechanically,” they said.
‘Each prosecutor in TN handling 3 to 4 courts’
The shortage has also raised concerns over appointments to POCSO courts. Due to the crippling vacancies, Grade II Assistant Public Prosecutors, who had freshly joined service after clearing the TNPSC exam, are being posted to these courts in violation of the POCSO Act that mandates the appointment of only Special Public Prosecutors with at least seven years of experience as an advocate, sources said.
Under Section 20 of the BNSS, the Director of Prosecution is responsible for monitoring cases involving offences punishable with imprisonment for 10 years or more, life imprisonment or death, expediting proceedings, and giving opinions on filing appeals.
The Deputy Director of Prosecution examines and scrutinises police reports and monitors cases involving offences punishable with imprisonment for seven years or more but less than 10 years to ensure their expeditious disposal.
The Assistant Director of Prosecution monitors cases involving offences punishable with imprisonment for less than seven years. Vacancies in these posts affect the discharge of these functions.
A public prosecutor is a legal officer who represents the state and works to protect the rights of both victims and accused. Their duty is to assist the court in arriving at the truth in a case.
With women constituting around 75 per cent of the workforce, prosecutors said many of them faced additional pressure. “There is no break. The only break we get is when we are travelling,” said a woman public prosecutor.
An additional public prosecutor said each prosecutor in the state handled between three and four courts.
“Ideally, one public prosecutor should be assigned to only one court. Many times, courts are in different districts, and we have to visit all of them during the week. Travel drains us physically. Coordination with the police also becomes difficult. If we see them daily, it would be easier,” prosecutors said.
“In judicial magistrate courts, there are at least 25 to 30 witnesses a day. As we are already stressed, we are unable to focus and ask quality questions. We are unable to properly connect with victims and witnesses due to the paucity of time. We end up working mechanically,” the prosecutor said.
Additional Public Prosecutor, Iden Isan, president of the Tamil Nadu Regular Cadre Public Prosecutors Association, said the new government has begun addressing these long-pending issues. "We are thankful to them. In our recent interactions with the Law Minister (CTR Nirmal Kumar), he promised to fill all the administrative posts in the directorate and various other public prosecutors’ positions at the earliest. The minister also personally promised to carry out a review of all issues concerning the Directorate of Prosecution," he said.
Highlighting the vacancies in deputy director posts, prosecutors said the police submitted more than 10 charge sheets a day for scrutiny, each running to around 100 pages. Deputy Directors also provide legal opinions on charge sheets. Due to the vacancies, public prosecutors are being given additional charge as Deputy Directors.
"How is it possible for them to read so much and provide legal opinions?," prosecutors asked.
Child rights activists said prosecutors were sometimes unable to appear even in high-profile cases because they had been given additional charge as Deputy Directors.
A woman public prosecutor, requesting anonymity, said it was difficult to take leave, as either a public prosecutor or an in-charge officer had to be present whenever the court was functioning.
"There are days when many of us work despite being sick. We take a tablet, nap briefly and continue working. Even on leave, we are continuously working on petitions and counter-affidavits. Local police also keep calling us for clarity on legal procedures in law-and-order cases," she said.
K Manivasan, former Home Secretary prior to his recent transfer as Commissioner of Land Administration, told TNIE that the TNPSC was in the process of filling 121 posts, and the number of vacant positions would come down. On the vacant Deputy Director posts, he said there was an HC stay on postings. He added that there was a proposal for 29 additional posts.
On infrastructure, he said there was no proposal from the High Court.
"We are continuously sanctioning funds for infrastructure. If there is any need, it must be prioritised, and the HC must send proposals. The government is willing to sanction," he added.
When asked about the vacancies, Law Minister CTR Nirmal Kumar told TNIE that they will be filling up the posts.
1,655 POCSO cases pending before JJBs
The Madras High Court recently took suo motu cognisance of 1,655 POCSO cases pending before Juvenile Justice Boards (JJBs). While Chennai has a permanent JJB, judicial magistrates are designated at JJBs in other districts. The court noted the need for exclusive JJBs with adequate infrastructure and Assistant Public Prosecutor posts in all districts, and said proposals had been forwarded to the government and were pending.
Prosecutors said in-charge magistrates visited JJBs in other districts only once or twice a week, resulting in delays in the disposal of cases. The court also took cognisance of the fact that 425 courts in Tamil Nadu functioned as temporary courts and needed to be made permanent.
Infrastructure issues
The lack of proper infrastructure at taluk courts is adding to the strain.
"At one of the courts, there is no separate chamber for me. So, I am unable to speak to victims. Several taluk courts do not have toilets, forcing us to use restrooms in nearby buildings. Several women public prosecutors and other staff, including men, have developed urinary tract infections," a prosecutor said.
"There is no space for us to rest as well. There are no chambers for us at many taluk courts. Once, I had to take casual leave during my period as there was no toilet," she said.