Designated special courts at Rouse Avenue to deal with POCSO cases against former MPs and MLAs

The three designated special courts at Rouse Avenue to deal with cases against MPs and MLAs under the POCSO Act will now also deal with cases against former MLAs and MPs, Raj Niwas officials said on Wednesday. Delhi Lt Governor VK Saxena has approved a proposal sent by the Chief Minister Rekha Gupta-led Government, thereby increasing the ambit of this Special Court at Rouse Avenue, they said. In July 2023, Saxena had approved the setting up of three designated/Special Courts to deal with the cases against MPs and MLAs under the Commissions for Protection of Child Rights (CPCR) Act, 2005 and the Protection of Children from Sexual Offences (POCSO) Act, 2012, at the Rouse Avenue Court Complex in the national capital.

This notification had come following the Delhi High Court’s direction to this effect in 2020. However, the AAP Government had delayed the notification for more than three years, said an official. The proposal seeking the LG’s approval for the creation of these designated special courts under Section 25 of the CPCR Act and Section 28 of the POCSO Act was moved by the Women and Child Development Department and vetted by the Law Department.

These three courts are in addition to the eight courts notified already to deal with the cases relating to the trial of offences against children, violation of child rights and for trial of offences under the POCSO Act. Section 28 (1) of the POCSO Act states that for the purposes of providing a speedy trial, the state Government shall, in consultation with the Chief Justice of the High Court, by notification in the Official Gazette, designate for each district a court of session to be a special Court to try the offences under the Act.

Section 25 of the CPCR Act states that for the purpose of providing speedy trial of offences against Children or of violation of child rights, the state Government may, with the concurrence of the Chief Justice of the High Court, by notification specify at least a court in the state or specify for each district a Court of Session to be a Children’s Court.