Acting on the Punjab and Haryana High Court’s concern over an “acute shortage” of prosecutors affecting criminal trials across Haryana, the state government has recalled 169 District Attorneys (DAs), Deputy District Attorneys (DDAs) and Assistant District Attorneys (ADAs) from deputation and reposted them for court work across districts.The development came during the hearing of a suo motu public interest litigation initiated by the High Court over severe shortage of prosecutors in Sirsa district, where DAs, DDAs and ADAs were found functioning at only 40 to 50 per cent of the sanctioned strength.The Bench of Chief Justice Sheel Nagu and Justice Yashvir Singh Rathor was informed through a compliance affidavit filed by Bharat Bhushan Kaushik, Joint Secretary to Government of Haryana, that 169 prosecutors had been reposted to judicial courts in various districts pursuant to an order dated May 21 after cancellation of their deputation.The Bench, however, raised a further concern regarding leave contingencies and asked the State whether any additional posts existed to ensure uninterrupted prosecution work whenever regular prosecutors proceeded on leave.“A pointed question was asked to the counsel for the State of Haryana as to whether additional posts in the cadre of DA/DDA/ADA are sanctioned to cater to leave contingencies of any of the DA/DDA/ADA and the answer given by the State Counsel is in the negative,” the Bench observed.Taking note of the situation, the Bench directed the State to create a reserve layer of prosecutors in every district. “By way of writ of mandamus, this court directs that to cater to leave contingencies at least one DA, one DDA and one ADA should be made available in each District, apart from the 169 DAs/DDAs/ADAs who have been posted vide orders dated 21.05.2026,” the Bench ordered.The High Court further directed the State to issue appropriate orders within 15 days. The directions came in continuation of the High Court’s earlier May 15 order, where the Bench had taken strong exception to diversion of prosecutors to non-court assignments despite mounting pendency and shortage in district courts.At that stage, the court had observed that “the district courts are reeling under the acute shortage of law officers — district attorneys, deputy district attorneys, and assistant district attorneys, which is leading to obstruction in the due process of law, and, therefore, the cases and trials are delayed.”The Bench had then issued a writ of mandamus directing Haryana to terminate the deputation of all 285 DAs, DDAs and ADAs working in departments, boards and corporations and repost them for court work within a week.During the latest hearing, the State moved an application seeking modification of the May 15 directions. The Bench noted that the Government had demonstrated “bonafides” by recalling 169 prosecutors through the May 21 order and agreed to partially modify the earlier directions. “Since the State of Haryana has shown its bonafides by deputing 169 DAs/DDAs/ADAs by passing the order dated 21.05.2026, this court is inclined to modify the aforesaid order, provided the State further shows bona fide by deputing one DA, one DDA and one ADA for each District in addition, to cater to leave contingencies,” the Bench observed.The court clarified that the modification would become effective only after the Government issued subsequent orders for “creating one post in each of the cadres of DA, DDA and ADA for every District”. The case will now come up for further hearing on July 14.


