Justice delayed as vacancies hit TN prosecution directorate

“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.
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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% (116) of its sanctioned posts lying vacant. Prosecutors also alleged that a matching number of new positions in the directorate, awaited for long, are also 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 TN 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 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 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% 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.

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 for JJBs in other districts.

Prosecutors said in-charge magistrates visited JJBs in other districts only once or twice a week, resulting in delays in disposal of cases. The Madras High 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 Tamil Nadu government but have not been cleared yet.

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