Delhi Lieutenant Governor Vinai Kumar Saxena has approved the appointment of four special public prosecutors for trials in the Protection Of Children from Sexual Offences (POCSO) cases, a fortnight after he recalled the file from the Delhi government over alleged delay.
A Raj Niwas official said the Government has conceded that the opinion of L-G shall be required for the appointment of Special Public Prosecutors (SPPs) for CBI to conduct trials in Protection Of POCSO Act cases in various special courts of Delhi that has been stalled for over nine months.
“The file kept moving from the minister in charge to the chief minister since January and after the L-G, 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 L-G 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 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 L-G’s approval,” the official said.
Chief Minister Arvind Kejriwal had earlier taken a stand that the L-G does not have the power to grant sanction for approval of SPPs in these cases, the official said.
On receiving communication from the L-G secretariat requisitioning the files in this regard, the Minister (Home), GNCTD, sought an opinion from the Law Department which said the matter needs to be processed quickly to obtain the opinion of the L-G so that the notification for appointment of SPPs may be issued under section 32 of the POCSO Act.
The chief minister on October 6 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 L-G, who had earlier taken serious note of the delay by GNCTD.
On September 22, the L-G 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.
