Lt Governor Approves Appointment of Special Public Prosecutors for Trials in POCSO Cases

In a significant development, Lt Governor VK Saxena has approved the appointment of four special public prosecutors for trials in POCSO (Protection of Children from Sexual Offences) cases. This decision comes two weeks after he recalled the file from the Delhi government over alleged delays, according to officials at Raj Niwas. The Delhi government had been accused by Saxena of trying to appoint public prosecutors while sidestepping the AAP dispensation.

An official from Raj Niwas stated that the government has accepted that Lt Governors' opinion is essential for appointing special public prosecutors to conduct trials under the POCSO Act. These trials have been delayed for over nine months across various special courts in Delhi. He added that since January, files were circulating between ministers and chief ministers before being recalled by L-G on September 22, invoking Rule 19(5) of Transaction of Business Rules (ToBR).

L-G Recalls Files Amidst Delays

The official further explained how two weeks after L-G V K Saxena invoked Provisions of Rule 19(5), the Delhi government finally sent him files regarding appointment of SPPs in CBI POCSO cases which they had been holding onto for more than nine months. Chief Minister Arvind Kejriwal previously held a stance that Lt Governor does not possess authority to sanction approval for special public prosecutors in these cases.

Delhi Government Responds

On receiving communication from L-G Secretariat requisitioning these files, Delhi's home minister sought an opinion from their law department. They suggested swift processing to obtain L-G's opinion so as to issue notifications regarding appointments under Section 32 of POCSO Act promptly. Chief Minister Kejriwal endorsed this on October 6th, submitting the proposal for issuance of notification to L-G. This move was taken after Saxena expressed serious concerns over Delhi government's delay.

Union Ministry Involvement

Saxena had referred this matter to Union Ministry of Home Affairs on September 22nd for necessary appointments and notifications under Section 248 of CrPC. The CBI requested in December 2022 for a notification regarding appointment of senior public prosecutors under Section 32 of POCSO Act, sending a reminder in March this year. The official emphasized that these cases are sensitive and legally require completion within one year from cognizance date. He warned that delays could adversely affect investigations and potentially benefit criminals.

Controversy Surrounding Appointments

Delhi government sources alleged that attempts were made by Lt Governor and officials to bypass the administration while appointing special public prosecutors. They claimed files were sent directly to Union Home Ministry instead of state ministers. Since the right to appoint such prosecutors lies with state governments, their appointments were refused by Union Home Ministry leading to further delays.

Cases Registered Under POCSO Act

The CBI has also reported registering more than 20 cases involving allegations related to circulation, storing, and viewing child sexual exploitation materials across various social media platforms.

In conclusion, while the approval from Lt Governor VK Saxena brings some relief in terms of moving forward with trials under POCSO act, it is clear that there exists an administrative tussle between different levels of governance which needs addressing swiftly so as not to impede justice being served promptly in such sensitive matters.