The appointment of four special public prosecutors for trials in Protection Of Children from Sexual Offences Act (POCSO) cases has been approved by Delhi Lieutenant Governor (LG) VK Saxena. This happened a fortnight after the Lieutenant Governor recalled the file from the Government of Delhi over an alleged delay, an official from Raj Niwas informed, as stated in a report by PTI.
It was agreed that the opinion of the Lieutenant Governor will be needed for the appointment of Special Public Prosecutors (SPPs) for CBI to conduct trials in POCSO Act cases in the many special courts of Delhi that have been halted for over nine months, shared the official.
"The file kept moving from the minister in charge to the chief minister since January and after the LG, on September 22, invoked Rule 19 (5) of the Transaction of Business of GNCTD Rules (ToBR) and recalled all the files and proposals, they were submitted to him," he said.
"A fortnight after LG V K Saxena invoked Provisions of Rule 19 (5) of the Transaction of Business of GNCTD Rules, 1993, in public interest and recalled the file pertaining to the appointment of SPPs in CBI POCSO cases, the Delhi government, which had been inordinately sitting on file for more than nine months, finally sent the file for the LG's approval," the official said.
Earlier, Chief Minister Arvind Kejriwal had said that the Lieutenant Governor does not have any power to grant sanction for approval of SPPs in these cases, the official said.
On being informed by the Lieutenant Governor secretariat requisitioning the files in this regard, the Minister (Home), Government of National Capital Territory of Delhi (GNCTD) sought the Law Department's opinion which stated that the matter needs to be moved forward soon to obtain the opinion of the Lieutenant Governor so that the notification for appointment of SPPs may be issued under section 32 of the POCSO Act.
The chief minister on Friday, October 6, had endorsed that the file containing the proposal for issuance of notification on the appointment of SPPs for CBI to conduct trial of POCSO cases be submitted to the Lieutenant Governor, who had earlier taken serious note of the delay by GNCTD.
On September 22, the Lieutenant Governor referred the matter to the Ministry of Home Affairs for necessary appointments and notifications under section 24(8) of CrPC.
The CBI in December 2022 had requested for issuance of notification for the appointment of senior public prosecutors/prosecutors under section 32 of the POCSO Act for trials in POCSO cases in various courts in Delhi and a reminder was sent on March 15 this year.
"The cases relating to the POCSO Act are sensitive in nature and as per law trials in these cases are to be completed within one year from the date of cognisance of offence and the delay in appointment of SPPs will adversely affect the case of investigating agency and may give undue benefits to the perpetrators of crime against innocent children," the official said.
CBI had also conveyed that over 20 cases have been registered by it on the allegations of circulation, storing and viewing of child sexual exploitation materials through various social media platforms.
